Boatright v. State

ON APPELLANT’S MOTION FOR REHEARING.

CHRISTIAN, Judge.

Appellant insists that we were in error in holding that there was no variance between the proof and the allegation in the indictment as to ownership. The allegation in the indictment is that the property was taken from the possession of J. D. McCardell. Appellant maintains in the first place that the proof shows that the property was taken from the possession of Willoughby Gibbs, the night watchman. In the second place, he asserts that, if the property was not taken from the possession of Willoughby Gibbs, then the proof shows it was taken…