Price v. State

DAVIDSON, Presiding Judge.

The first count in the indictment was not submitted by the court to the jury. The second count undertakes to charge theft by false pretenses under article 861, Penal Code. The objection is made to the indictment that it fails to allege the appropriation of the property after obtaining it by virtue of the false pretenses. Where the indictment undertakes to charge specifically theft by false pretenses and fraudulent representations, under article 861, Penal Code, it is necessary that the terms of that statute be complied with in so charging the offense. Among other…