Carroll v. State

This is a conviction for the theft of a check. It is not a conviction for the theft of the money which was obtained by the check.

It was the option of the state to bring this prosecution as it did — that is, for the theft of the check (Worsham v. State, 56 Texas Cr. Rep. 253, 120 S.W. 439), but when it did the state assumed the burden of discharging the obligations necessary to a conviction for the theft of the check.

The indictment follows the regular form for charging felony theft.

*44The description of the property allegedly stolen is as follows :

“* * * one check drawn on the First National Bank…