Von Tonglin v. State

Appellant was convicted, upon his trial, under an indictment which charged that he had stolen “one cow, the property of Joe Randolph.” The undisputed testimony is to the effect that the cow was not the property of Joe Randolph, but was owned by Mrs. F. S. Randolph, his mother. Except only the allegation that the stolen cow was the property of Joe Randolph, there was no allegation tending to identify the offense charged. There was no testimony that Joe Randolph was in the exclusive possession of the cow or had any right to its possession. On the contrary, the testimony was to the effect that…