Casey v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of theft of property valued at more than twenty dollars. The punishment is confinement in the county jail for nine months.

The appellant in two grounds of error contends that the indictment is defective and that the evidence is insufficient to support the verdict. While the appellant’s analysis and reasoning is not the same as ours, we conclude there is reversible error.

The indictment is not fundamentally defective; it alleges an offense. The evidence is sufficient to establish the commission of an offense, but not the…