Legal Opinion

Thompson v. State

Court of Criminal Appeals of Texas

Decided October 5, 1921No. 6227Published

Appeal from the District Court of Eastland. Tried below before the Honorable E. A. Hill. Appeal from a conviction of robbery; penalty, ten years imprisonment in the penitentiary. The opinion states' the case. On question of insufficiency of indictment: Wells v. State, 4 Texas Crim. App., 24. Spencer v. State, 5.5 S. W. Rep., 58. On question of description of money: Wade v. State, 32 S. W. Rep., 772, and cases cited in opinion.

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Appeal from the District Court of Eastland. Tried below before the Honorable E. A. Hill. Appeal from a conviction of robbery; penalty, ten years imprisonment in the penitentiary. The opinion states' the case. On question of insufficiency of indictment: Wells v. State, 4 Texas Crim. App., 24. Spencer v. State, 5.5 S. W. Rep., 58. On question of description of money: Wade v. State, 32 S. W. Rep., 772, and cases cited in opinion. On question of insufficiency of recognizance: Wells v. State, 150 S. W. 1163, and cases cited in opinion.

1Opinion

The conviction is for robbery; punishment fixed at confinement in the penitentiary for ten years.

The indictment contains the averment: ". . . take from the possession and person of said Cleve Barnes six hundred dollars the same then and there being the personal property of and belonging to the said Cleve Barnes."

An effort to quash the indictment was made upon the ground that "it did not alleged the taking of anything of value and did not allege the value of the dollars taken and did not allege that the dollars taken were money."

The offense of robbery consists of the fraudulent taking from the…

2Cases cited3 opinions

  1. Plummer v. StateCourt of Criminal Appeals of Texas · 1920
  2. Smith v. StateCourt of Criminal Appeals of Texas · 1921
  3. Hubbard v. StateCourt of Criminal Appeals of Texas · 1908

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