Pepple v. State

Appellant was found guilty of vehicle taking by a jury verdict (Acts 1917, ch. 69, §1, as amended by Acts 1921, ch. 189, §1, §2460 Burris 1926). His motion to arrest the judgment was overruled, upon which decision of the trial court error is assigned upon appeal. The offense, which was charged by an affidavit, approved by the prosecuting attorney, alleged that appellant unlawfully and feloniously took and drove away an automobile, the property of another without the owner’s consent. The charge failed to allege that the automobile so charged to have been taken was operated by electricity or…