Rhodes v. State

CHRISTIAN, Judge.

The offense is theft of hogs; the punishment, confinement in the penitentiary for two years.

The indictment alleges that appellant “did then and there unlawfully take nine hogs,” etc., omitting the word “fraudulently.” The use of the word “fraudulently” is indispensable in charging theft under our statute (Pen. Code, 1925, art. 1410). Haney v. State, 117 Texas Crim. Rep., 564, 37 S. W. (2d) 746; Phillips v. State, 89 Texas Crim. Rep., 483, 231 S. W., 400, 401, and authorities cited. In Phillips v. State, supra, it was held that an allegation that the appellant “did unlawfully…