Smith v. State

On Motion for Rehearing.

MORROW, P. J.

The ownership of the stolen property is laid in J. L. Lindsey. Appellant takes the position that Lindsey was a mere custodian and that the real ownership should have been laid in the sheriff and cites many authorities in support of his position. However, it is not believed that the appellant’s contention is supported by the evidence, the substance of which we quote from the appellant’s brief as follows:

“J. L. Lindsey testified: ‘As to the circumstances under which I lost that car, I will state the car I had in storage at 411 Main avenue, on the third…