Smith v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of theft of corporeal personal property of the value of fifty dollars or over by false pretext; the punishment, enhanced under Article 63, Vernon’s Ann.P. C, life.

Appellant contends by his first ground of error that the indictment in this cause is fatally defective because there is no allega tion that the truck in question was actually-appropriated. The indictment alleges that:

“. . . one Johnny L. Smith on or about the 2nd day of September in the year of our Lord One Thousand Nine Hundred and 71, in the County and State…