Day v. State

DAVIDSON, Presiding Judge.

Appellant was convicted for theft from the person, his punishment being assessed at two years confinement in the penitentiary.

The indictment contains two counts, the first charging that defendant did fraudulently and privately take from the possession and person of H. C. McDonald, and without the knowledge and consent of the said McDonald, personal property, etc., and the second count charges the property was taken so sudden as to prevent resistance, etc. The consideration of the jury was confined to the first count.

The evidence in substance shows that the alleged…