Talamentez v. State, 59 S.W.2d 1084

LATTIMORE, Judge.

for theft; punishment, four years in the penitentiary.

The indictment in this case contained four counts; three charging burglary and one charging theft. At the request of appellant the state elected to try upon the count charging theft. Our attention is attracted by the fact that said count fails to allege the ownership of the property said to be stolen. Such allegation is uniformly held to be necessary. The conviction can not stand in the absence of a good indictment.

The judgment will be reversed, and the cause remanded.

Reversed and remanded.

Case Details

Case Name: Talamentez v. State

Court Name: Court of Criminal Appeals of Texas

Date Published: May 3, 1933

Citations: 59 S.W.2d 1084; 123 Tex. Crim. 580; 1933 Tex. Crim. App. LEXIS 299; No. 15919

Docket Number: No. 15919

Court Abbreviation: Tex. Crim. App.