Moore v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for felony theft where the punishment was assessed at 5 years.

We are confronted at the outset with appellant’s complaint that the trial court erred in overruling his motion to quash the indictment which alleged that he “did then and there unlawfully and fraudulently take tires of the value of over $50.00”; it being his contention that the allegation is not set forth in plain and intelligible language as required by Article 21.02, Sec. 7, Vernon’s Ann.C.C.P., and does not sufficiently describe the property taken as to number,…