Grant v. State

DAVIDSON, Presiding Judge.

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

The indictment contained two counts. Thq first charged robbery. This will not be considered inasmuch as it was not presented to the jury for consideration in the charge of the court, and, as a matter of fact, there was no evidence to sustain it. The second count charged theft from the person, the charging part of the indictment being as follows: that appellant “did unlawfully and fraudulently and privately take from the possession and person…