Ferguson v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Sbelby. Tried below before the Hon. W. C. Buford. Appeal from a conviction of theft; penalty, two years imprisonment in the penitentiary. The opinion states the case.
1Opinion of the Court
HARPER, Judge.
Appellant was indicted, charged with theft of property of the value of over fifty dollars, and his punishment assessed at two years confinement in the penitentiary.
As we view this case we do not deem it necessary to pass upon but one question. The indictment alleged the theft of a check endorsed by Chas. Perkins and delivered by Perkins to E. P. Boles. The proof developed was the theft of a check endorsed by W. D. Killin and by Killin delivered to Boles. Appellant objected to the introduction of the testimony on the ground of variance in the allegations and the proof, reserving…
2Cited by2 opinions
- McWhorter v. StateCourt of Criminal Appeals of Texas · 1933
- Williams v. StateCourt of Criminal Appeals of Texas · 1930