Legal Opinion

Peralto v. State

Court of Appeals of Texas

Decided February 14, 1885No. 1780Published

Appeal from the District Court of Bexar. Tried below before the Hon. G. II. Noonan. The conviction was for the theft of a watch, of the value of $75, and a chain of the value of $10, the property of A. Bland and C. E. Wynne, in Bexar coupty, Texas, on the 12th day of Hay, 1884. A term of two years in the penitentiary was the penalty assessed against the appellant.

1Opinion of the Court

White, Presiding Judge.

The indictment, which was for theft, does not specifically charge that the intent was to deprive the owners of the stolen property “ of the value of the same,” and it is only by inference and intendment that these statutory words, made essential in the definition of theft, can be supplied. (State v. Sherlock, 26 Texas, 106; Ridgeway v. The State, 41 Texas, 231; Jones v. The State, 12 Texas Ct. App., 424; Tallant v. The State, 14 Texas Ct. App., 234.)

The indictment being defective, the judgment is reversed and the prosecution dismissed.

Beversed and dismissed.

[Opinion…

2Cases cited2 opinions

  1. Ridgeway v. StateTexas Supreme Court · 1874
  2. State v. SherlockTexas Supreme Court · 1861

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