Easley v. State

DAVIDSON, Judge.

This is a conviction for theft, with punishment assessed at three years’ confinement in the penitentiary.

The indictment charged the theft of six thousand dollars alleged to be “the corporeal personal property of H. E. Butt from the possession of Burgin Edens who was holding the same for the said H. E. Butt. * * *”

It will be noted that the legal effect of such allegation was to charge ownership of the property in both the actual as well as the special owner.

It was the province of the state to so allege ownership, but in doing so it assumed the burden of establishing and proving…