Ex Parte Smith

OPINION

CLINTON, Judge.

In this habeas corpus proceeding pursuant to Article 11.07, V.A.C.C.P., the Court will determine whether a charging instrument purporting to allege an offense of theft denounced by V.T.C.A. Penal Code, § 31.03(a) and (b)(1)1 must allege, as well *311as a specific intent to deprive, a culpable mental state with respect to appropriating property without the owner’s consent.2

Germane to our inquiry, the indictment alleges that appellant did

“unlawfully appropriate property . .. with the intent to deprive the Complainant of the property, and without the effective consent of the…