Boyette v. State

Darrell Hickman, Justice.

Jerry Boyette was found guilty as charged of theft by receiving by the trial court sitting without a jury. He raises one point for reversal: The court should have granted appellant’s motion for a directed verdict because the information alleged that the stolen property belonged to Hawaiian Tropic while the proof at trial was that Roy Huddle owned the property. We agree.

The information alleged that on September 15, 1976, Boyette “. . . did unlawfully, feloniously, receive and retain certain stolen property having a value in excess of $100.00, such being the property of…