Smith v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

In his motion for a rehearing appellant calls to our attention a matter relative to the indictment wherein the allegation of a want of consent of the owners of the property alleged to have been taken is claimed to be a want of a joint consent, and does not negative the want of consent of both or either of such persons.

The portion of the indictment complained of is set forth in the original opinion. We note that the same negatives the consent of the owners of the property in the following language:

“* * * and the said V. C. Smith, alias Van Smith, did then…