Booher v. State

HARPER, Judge.

Appellant was convicted of theft of property under $50 in value and his punishment assessed at a fine of $50 and ninety days imprisonment in the county jail.

The information alleged the theft of twenty-five turkeys of the aggregate value of $35. Under the evidence there were identified only five of the stolen turkeys of the value of about $5. Appellant asked a special charge presenting the issue that, as the State alleged the theft of twenty-five turkeys, it must prove that appellant had stolen that number, and if the evidence showed that a less number was taken by appellant, to…