McCarty v. State

HEHDERSOH, Judge.

Appellant was convicted of the theft of two horses, and his' punishment assessed at confinement in the penitentiary for a term of four years; hence this appeal. The conviction was under article 877, Penal Code, which makes the conversion by a bailee theft.Appellant made a motion to quash the indictment because the contract of bailment, that is, its particular character, was not set out in the indictment; and because the contract of bailment was not distinctly alleged, but only inferentially stated; and because there was no averment of want of consent on the part of the person…