Allen v. State

on rehearing.

June 20, 1923.

HAWKINS, Judge.

The indictment charged that the automobile in question was the “property of and belonged to L. P. Shrigley” and that appellant had possession of it by virtue of a contract of bailment made with Shrigley.

Upon motion for rehearing appellant insists that the evidence having shown Mrs. Starkey to be the true owner, the indictment should be held to charge no offense because it failed to allege that Shrigiey was authorized by Mrs. Starkey to make the contract of bailment with appellant, and in support of this proposition Nugent v. State, 89 Tex. Cr. Rep.,…