Moore v. State

DAVIDSON, Presiding Judge.

Appellant was acquitted of theft us charged in the first count and convicted of receiving stolen property alleged in the second count. This count alleged that appellant received the property from some party to the grand jurors unknown. In order to justify this character of pleading it is necessary that it be shown that the grand jury did not know and could not have ascertained by reasonable diligence from whom the alleged stolen property was received. The evidence bearing upon this phase of the case came from the witness Spencer. He was a member of the grand jury…