Ex Parte Adame

OPINION

McCORMICK, Judge.

This is a post-conviction writ of habeas corpus in which applicant seeks relief from his conviction for the offense of theft. Applicant contends that the indictment under which he stands convicted is fundamentally defective for failing to allege that the property he appropriated was stolen by another. See V.T.C.A. Penal Code, Section 31.-03(b)(2).

The indictment, omitting the formal parts, alleges that applicant:

“. . . did then and there with intent to deprive the owner of property, did then and there unlawfully appropriate stolen property, to-wit: one typewriter, and…