Clements v. State

BELCHER, Commissioner.

The offense is felony theft; the punishment, two years.

It is contended that this conviction is based upon a fatally defective count in the indictment. An examination of said count reveals that it fails to allege that the property was taken from the possession of the injured party or from any other party.

In considering the sufficiency of an indictment containing substantially the same allegations in charging felony theft this Court in Webb v. State, Tex.Cr.App., 336 S.W.2d 158, said:

“In view of our disposition of the case, a recitation of the facts will not be deemed…