Ex Parte Sewell

OPINION

DALLY, Judge.

The appellant seeks post-conviction relief under the provisions of Art. 11.07, V.A.C. C.P. from a conviction for the offense of theft.

The petitioner alleges that on the 21st day of June, 1955, in Cause No. 74,779 in Criminal District Court No. 2 of Harris County, he was convicted for the offense of theft on an indictment which did not charge the offense of theft. A copy of that indictment in this record properly alleges as the primary offense the offense of burglary; the allegations are insufficient to allege the offense of theft because they do not describe nor allege the…