Smith v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the offense of theft of property valued at more than two hundred dollars but less than ten thousand dollars; the punishment, enhanced by one prior felony conviction, was assessed by the jury at fourteen years’ imprisonment.

Appellant contends that the indictment is fundamentally defective for failing to allege all the essential elements of the offense of theft. We agree and reverse the judgment of conviction.

The offense was alleged to have occurred on February 18, 1975. At that time, V.T. C.A., Penal Code, Sec. 31.03 defined the…