Black v. State

DAVIDSON, Judge.

Appellant was convicted of stealing a lap robe from C. E. Quillen, his punishment being assessed at a fine of $25 and thirty days imprisonment in the county jail.

The evidence shows the lap robe was the separate property of Mrs. C. E. Quillen. It was in a house on the place where the Quillens resided as their home, and was taken from that house. The contention is made that inasmuch as it was the separate property of the wife, therefore the pleadings should have charged it was in her possession and not in her husband’s, therefore there was a variance in the proof and the…