Davis v. State

HARPER, Judge.

Appellant was charged by information and complaint with theft of property under fifty dollars in value, and upon being tried he was convicted, and his punishment assessed at seventy-five days imprisonment in the county jail.

The information alleged the property to be the property of John Stiffler. The proof shows that the alleged stolen property belonged to John Stiffler and Ed Stiffler, who were in partnership in the purchase of hides. Appellant insists that this is a fatal variance. Article 445 of the Code of Criminal Procedure provides: “When the property is owned in common,…