Cutter v. State

Banke, Judge.

The defendant appeals his conviction of theft by taking. The indictment alleged that “being in lawful possession of a 1975 Oldsmobile automobile, the property of J. C. Lowery with a value in excess of $200, [the defendant] unlawfully appropriated said property with the intention of depriving said owner of said property.” The defendant contends that there was a fatal variance between the pleading and proof in that the evidence showed an unlawful taking. He also contends generally that the evidence is insufficient to support the verdict.

The state’s evidence established the…