Green v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction of criminal mischief resulting in a loss greater than $20 but less than $200. V.T.C.A.Penal Code, Sec. 28.03. Punishment was assessed at 90 days and a $1,000 fine.

Appellant was indicted for criminal mischief resulting in a loss greater than $200 but less than $10,000, a third degree felony. After trial in district court he was found guilty of the lesser included Class A misdemeanor.

Appellant argues that the indictment was fundamentally defective. No motion to quash the indictment was made in the trial court.

The indictment in…