Coates v. State

This is an appeal from a verdict of guilty on the charge of theft by obtaining control over stolen property under the Offenses Against Property Act, Ind. Anno. Stat. § 10-3030 (d), (Supp. 1967) (hereinafter referred to as the Theft Code) and the overruling of the appellant’s motion for a new trial.

The main contention of error arises from the fact that the affidavit charged theft by obtaining control over property stolen by another under § 10-3030 (d), supra, while the proof shows (at the most) that appellant stole the property himself as would be sufficient under § 10-3030(a). This raises a…