State v. Spivey

NEWBY, Justice.

*740In this case we decide whether an indictment charging defendant with injury to real property “of Katy’s Great Eats” is fatally flawed because it does not specifically identify “Katy’s Great Eats” as a corporation or an entity capable of owning property. An indictment for injury to real property'must describe the property in sufficient detail to identify the parcel of real property the defendant allegedly injured. The indictment needs to identify the real property itself, not the owner or ownership interest. By describing the injured real property as “the restaurant, the…