History
  • No items yet
midpage
Ellison v. State
25 Tex. Ct. App. 328
| Tex. App. | 1888
|
Check Treatment
Willson, Judge.

It is essential in all prosecutions for theft, except for theft from the person, and theft of a horse, mule, ass or cattle, to both allege and prove the value of the property stolen. In this case the conviction is for the theft of corn, and there is no proof whatever in the record in support of the allegation of value. Wherefore the conviction is not warranted by the evidence, and must be set aside. (Willson’s Texas Crim. Stats., sec. 1285.)

There are other questions presented in the record which we do not determine, because they are not likely to arise on another trial.

The judgment is reversed and the cause remanded.

Reversed and remanded.

Case Details

Case Name: Ellison v. State
Court Name: Court of Appeals of Texas
Date Published: Apr 7, 1888
Citation: 25 Tex. Ct. App. 328
Docket Number: No. 5691
Court Abbreviation: Tex. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.