Watts v. State

Appellant was tried and convicted on an information charging him with the theft of a pistol, of the *264value of $12. If the information was a good and sufficient one, the judgment would still have to be reversed because the evidence does not prove the value of the pistol.

The rule is, that whenever the value of a stolen article affects the penalty for the offence, it must not only be alleged in the indictment or information, but must also be established by the proof. Meyer v. The State, 4 Texas Ct. App. 121, and authorities cited; Sheppard v. The State, 1 Texas Ct. App. 522; Cook v. The State, 2…