In the prosecution of any offense committed upon, in relation to or in any way affecting any real estate, or personal property, chose in action or thing, it is sufficient if it is proved in the trial that, at the time when the offense was committed, either the actual or constructive possession, or the general or special property, in the whole, or any part thereof, was in the person or community, alleged in the indictment or information to be the owner thereof.

Code 1852, § ?2967; Code 1915, § ?4834; Code 1935, § ?5325; 11 Del. C. 1953, § ?3505;