Stein v. State

CHRISTIAN, Judge.

— The offense is theft by bailee; the punishment, confinement in the penitentiary for five years.

It was alleged in the indictment, among other things, that appellant possessed the property in question by virtue of a contract of bailment with R. D. Coley. Appellant made a motion to quash the indictment on the ground that it failed to allege “the kind or character of bailment or contract.” In Collins v. State, 92 Texas Crim. Rep., 388, we held in an embezzlement case that the description of the accused in the indictment as bailee was sufficient. See also Dowdy v. State, 64 S.…