Wilson v. State

I respectfully dissent. The majority finds no egregious harm to appellant in the trial court’s failure to include the element of value in the application paragraph of its charge. Furthermore, the majority does not even characterize this as error.

*283Since Johnson v. State, 57 Tex.Crim. 308, 122 S.W. 877 (1909) the law has been that whenever the punishment is affixed by law to the theft of a particular kind of property, it is unnecessary to either allege or prove the value thereof, but with respect to all other classes of property, value must be alleged and proved as the value determines the grade…