Shaddox v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for theft. Trial was to a jury which found appellant guilty and punishment was assessed at nine years in the Texas Department of Corrections and a fine of $5,000. Appellant asserts that the indictment was fundamentally defective. We agree and reverse.

Divested of its formal parts, the indictment alleges that appellant,

“did then and there unlawfully appropriate property, other than real property, to-wit: one 28 gauge Charles Daly shotgun, one .22 caliber Remington pump rifle, one 30-06 Remington rifle, one .22 caliber Winchester rifle,…