Evans v. State

Evans was indicted for the larceny of “24 one-quart case of Tiolene motor oil of the personal goods of one Frank Dennis.” He was convicted; his motion for new trial was overruled, and he excepted.

The defendant contends that the indictment alleged that the ownership of the ' property was in Dennis, whereas the proof showed that the property actually belonged to Eatonton Oil and Auto Company. The evidence authorized a finding that Dennis was the president and sole owner, was actually in charge of all of the property of the Eatonton Oil and Auto Company, as its agent, and was in possession of…