Ira Haney v. State

CHRISTIAN, Judge.

— The offense is theft of cattle; the punishment, confinement in the penitentiary for two years.

The indictment alleges that appellant “did then and there unlawfully take one head of cattle,” etc., omitting the word “fraudulently”. The use of the word “fraudulently” is indispensable in charging theft under our statute. Byrd v. State, 89 Texas Crim. Rep., 371, 231 S. W., 399; Prim v. State, 32 Texas, 158; Conner v. State, 6 Texas App., 455; Young v. State, 12 Texas App., 614; Muldrew v. State, 12 Texas App., 617; Sloan v. State, 18 Texas App., 225; Ortis v. State, 18 Texas…