Pitcock v. State

McDonald, judge.

The conviction was for misdemeanor theft, under an indictment charging felony theft, with a prior felony conviction alleged for enhancement; the punishment, confinement in jail for one year.

The indictment alleged the theft of thirteen items, having an aggregate value of over fifty dollars. Proof was offered as to only nine of these. The property not being of uniform value, there must be proof of each item alleged. Anderson v. State, 166 Tex.Cr.R. 337, 314 S.W.2d 603, and cases therein cited.

In passing, we note that should the appellant again offer to fully stipulate as to the…