McIlvain v. State

HAWKINS, Judge.

—Conviction is for the theft of an automobile, punishment having been assessed at two years confinement in the penitentiary.

The indictment is in the ordinary form and charges the theft from one G. T. Roots. Much evidence was introduced by the State which was clearly inadmissible but seems to have gone into the record without objection, as we find no bill of exception complaining at that or any other proceeding during the trial. While the indictment is in the ordinary form for theft, the State seems to have proceeded on the theory that the offense, if any, was theft by false…