Smith v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for theft over $200. V.A.P.C. Penal Code, Sec. 31.03. Punishment, enhanced by two prior felony convictions, was assessed at life imprisonment.

Appellant contends that although the indictment alleged that the property had a value of over $200, it was fundamentally defective for failing to allege a value of less than $10,000. Appellant argues that every fact that affects the degree or kind of punishment must be alleged in the indictment. He maintains that an indictment that fails to allege a value of less than $10,000 is defective in…