Bearden v. State

OPINION

MORRISON, Judge.

The offense is felony theft; the punishment, eight (8) years.

This prosecution involves a land fraud.

Appellant’s first ground of error is that Article 1413, 1 V.A.P.C., is invalid in that it creates no offense, fails to define an offense in plain language and fails to provide a standard for determining whether an act is criminal or not. In the case at bar the Court told the jury that the intent to steal must be shown as of the date alleged in the indictment. This Court upheld a conviction for the instant offense under such a charge in Clay v. State, 171 Tex. Cr.R. 151,…