Kellar v. State

This case presents the issue whether, in an aggregated theft case, each separate theft must be specifically alleged in the charging instrument. We hold that, under Penal Code section 31.09, the indictment must allege only aggregation, not the specific acts of theft.

The appellant was vice president of two companies, Preview Video Sales, Inc. and Movies 4 Sale, Inc., and also ran the companies’ business operations. Greg Pabich, who was the majority stockholder, chairman of the board, and president of both companies, suspected the appellant of stealing money in the course of his accounting…