¶1OPINION ON STATE’S MOTION FOR REHEARING
¶2Our prior opinion is withdrawn.
¶3The offense is theft by false pretext; the punishment, five years.
¶4The indictment alleged that the two typewriters in question were the corporeal per*126sonal property of one Dean Thedford. This being an essential element of the case, the failure to stipulate in the absence of proof renders the evidence insufficient to support the conviction.
¶5The judgment is reversed and the cause is remanded.