Bourland v. State
Court of Criminal Appeals of Texas
The opinion states the case.
1Opinion of the Court
HAWKINS, Judge. —
We have been much disturbed over the renewed attack upon the indictment urged in the motion for rehearing.
An indictment must stand or fall upon the averment found in that document itself. The evidence may not be looked to in aid thereof. If so, many indictments good on their faces would be bad in the light of the evidence, and vice versa; many bad on their faces would be good where the evidence makes out a case if It had been properly plead.
Article 1410, P. C. (1925), defines theft as “the fraudulent taking of corporeal personal property,” etc. Further making plain the kind…
2Cases cited6 opinions
- Yeaman v. Galveston City CompanyTexas Supreme Court · 1914
- Strange v. H. & T. C. R. R. Co.Texas Supreme Court · 1880
- Automobile Mortgage Co. v. AyubTexas Commission of Appeals · 1924
- Harrison v. VinesTexas Supreme Court · 1876
- West Texas Utilities Co. v. EllisCourt of Appeals of Texas · 1937
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3Cited by15 opinions
- State v. RosenbaumCourt of Criminal Appeals of Texas · 1995
- Registrar & Transfer Co. v. Director, Div. of Tax.New Jersey Superior Court Appellate Division · 1979
- Tow v. EvansSupreme Court of Georgia · 1942
- Morehead v. State, Texas Court of Appeals, 5th District (Dallas)1988
- State v. Miguel Martinez, Texas Court of Appeals, 13th District2018
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