Rico v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the misdemeanor offense of theft of property over the value of five dollars; the *551punishment is confinement in the county jail for six months and a fine of $1,000.

In his first ground of error the appellant asserts that the trial court committed reversible error by submitting to the jury a charge authorizing conviction on a theory not alleged in the indictment.

It was alleged that:

“NORCISO SANCHEZ RICO, hereinafter styled defendant, heretofore on or about the 7th day of June A.D., 1980, in the County of Potter and State aforesaid…