Fears v. State

KRUEGER, Judge.

The offense is theft of property over the value of fifty dollars. The punishment assessed is confinement in the state penitentiary for a term of tw.o years.

Appellant’s first complaint relates to the court’s action in declining to .require the State, after it had rested its case, to elect upon which of the three counts in the indictment it would seek a conviction. It was charged in the first count of the indictment that on or about the 28th day of July, A. D., 1942, and anterior to the presentment of the indictment, Clifford Fears, in the county and state aforesaid, did then and…