Gentry v. State

Appellant was tried on an affidavit charging him with receiving stolen goods, consisting of automobile tires and an automobile jack which, it was alleged, were the property of and had been stolen from Sears, Roebuck & Company.

It was contended at the trial, and is earnestly argued in this court, that the property involved had not been stolen, but had been embezzled, and that therefore there was a fatal variance between the charge in the affidavit and the proof.

Appellant was a second-hand automobile dealer, and there was uncontradicted evidence that he received the tires and jack from one Lusk…