Brady v. State

The offense is theft; the jury having assessed against Brady a penalty .of confinement in the penitentiary for 8 years, and against Orgees, a penalty of 4 years’ confinement in the penitentiary.

Brady and Orgees were jointly charged with the theft of $1,500 from W. J. Warren. The indictment charged the fraudulent and unlawful taking without the consent of Warren. The averments were appropriate to charge theft, as defined in article 1410, P. C. 1925. The evidence brings the ease within the purview of theft as defined by article. 1413, P. C. 1925, which reads as follows:

“The taking must be…