Riggs, Alias Jones v. State

CHRISTIAN, Judge.

The offense is theft; the punishment, confinement in the penitentiary for two years.

Appellant contends that the evidence is insufficient to support the conviction for theft, his position being that if any offense is shown it is that of theft by bailee. The indictment charged ordinary theft. If the proof is sufficient to bring the offense within the terms of article 1413, P. C., the indictment for ordinary theft will support the conviction. Hawkins v. State, 126 S. W., 268. We quote the provisions of article 1413, supra, as follows: “The taking must be wrongful, so that if the…