Hughes v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for theft. Appellant pled guilty, waived his right to a trial by jury, and stipulated the evidence in open court and in writing. The court thereafter found the appellant guilty and assessed punishment at five years in the Texas Department of Corrections.

Appellant’s grounds of error pertain to the indictment. He was indicted and tried under V.T.C.A., Penal Code Sec. 31.03 which had recently been amended. 1

The indictment in question, excluding the formal parts, charged that the appellant:

“did then and there unlawfully appropriate property,…