Diaz v. State

HARPER, Judge.

The appellant was indicted for theft, and upon a trial he was convicted of theft of property over $50 in value, and his punishment assessed at two years confinement in the penitentiary.

1. Appellant filed a motion in arrest of judgment, alleging that the indictment was insufficient, in that wherein in said indictment it was alleged that defendant fraudulently took “fifty dollars in paper currency, lawful currency of the United States of America, of the value of fifty dollars,” it should have alleged that it was money, and if not money, then said currency should have been…