Wilson v. State

WOODLEY, Judge.

The conviction is for the offense of theft of property of the value of $50 or over; the punishment, two years in the penitentiary.

The property alleged and proved to have been stolen was 221% pounds of dressed poultry of the value of 30 cents per pound.

The question raised by appellant is bottomed upon Arts. 1420 and 1423 P.C., the contention being that the prosecution should have been for theft of chickens under Art. 1442(b) V.A.P.C., or for theft of edible meat under Art. 1426(c) V.A.P.C.

A particular penalty different from that applicable to ordinary theft is provided in Art.…