Fitzgerald v. State

This is an appeal brought by appellant, Robert E. Fitzgerald, from a conviction in the Morgan Superior Court for the crime of theft, to-wit: knowingly, unlawfully and feloniously obtaining and exerting unauthorized control over the property of another. The affidavit under which appellant was charged was filed pursuant to the provisions of Ind. Ann. Stat. § 10-3030 (1969 Supp.) which provides in pertinent part that:

“Theft in general. — -A person commits theft when he (1) knowingly: (a) obtains or exerts unauthorized control over property of the owner; or . . . and . . . intends to deprive the…