Lewis v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

This appeal involved a conviction for felony theft of property over the value of $200.00 and less than $10,000.00. One prior felony conviction was proved as alleged and the jury assessed appellant’s punishment at 15 years’ imprisonment and a fine of $5,000.00.

On the appeal the Houston Court of Appeals (1st) reversed the conviction for the refusal of the trial court to grant the motion to quash the indictment. The motion to quash had been based on the failure to allege which type of “appropriation” was involved in…