Court of Appeals of Texas January 21, 1888, No. 2404 (Guest v. State)

Willson, Judge.

I. Conceding that, under an indictment ■charging theft in the usual form, a defendant may be convicted of the theft defined by article 749 of the Penal Code, or of the misdemeanor defined by article 767 of the Penal Code, and that the court did not err in so instructing the jury, still we must hold that the verdict should with reasonable certainty show, of *532which offense—the