Willis v. State

OPINION

DOUGLAS, Judge.

The conviction is for theft of “merchandise” of the value of at least $20.00 but less than $200.00. The court assessed punishment at 90 days in jail and Willis duly perfected this appeal.

The complaint and information upon which this prosecution was instituted alleged the theft of “merchandise.” This description of the property alleged to be stolen was insufficient under previous decisions of this Court then in effect.

Article 21.09, V.A.C.C.P., provided:

“When it becomes necessary to describe property of any kind in an indictment, a general description of the same by name,…