Hudson v. State

BEAUCHAMP, Judge.

Appellant was assessed a penalty of five years in the penitentiary under an indictment charging a felony theft.

As returned by the grand jury, the indictment alleges the *567theft of seventeen hundred dollars in money, the property of Alfred Graver. Frank E. Morley was jointly indicted but appellant was separately tried.

The sole contention before this court now is that the facts introduced show embezzlement rather than theft. The pertinent facts show that Morley was employed by a company of which Graver was the manager. His duties were general office work, assisting Graver and…