Holliday v. State

Appellant was tried by jury in the St. Joseph Superior Court and found guilty of the crime of theft by deception. He was sentenced to the Indiana Reformatory for a period of from one [1] to ten [10] years.

The crime of theft by deception is found at Ind. Ann. Stat. §10-3030(1) (b) (1969 Supp.) and reads as follows:

“A person commits theft when he (1) knowingly: . . . (b) obtains by deception control over property of the owner . . . and intends to deprive the owner permanently of the use or benefit of the property . . .”

Upon the rendition by the jury of a verdict of guilty as charged, appellant…