White v. State

OPINION

DICE, Commissioner.

Appellant was convicted upon his plea of guilty to the court, a jury having been waived, of the offense of felony theft, and his punishment was assessed at confinement in the Department of Corrections for a term of four (4) years.

In separate grounds of error appellant insists that in charging the offense the indictment is fatally defective in three particulars.

The indictment, omitting the formal parts, charged that on the date alleged the appellant:

“did then and there unlawfully and fraudulently take ONE (1) PICK UP TRUCK over the value of $50.00 from the possession…