Chance v. State
Court of Appeals of Texas
Appeal from the County Court of Denton. Tried before the Hon. S. M. Bradley, County Judge. This conviction was for misdemeanor theft, and the punishment awarded by-the jury was a fine of twenty-five dollars and confinement in the county jail for a period of one month. The record brings up no statement of facts; nor does the ruling on appeal require a statement of the case.
1Opinion of the Court
Willson, Judge.
Theft is the "fraudulent taking of corporeal personal property,” etc. (Penal Code, art. 724.) An indictment or information for this offense which does not directly charge that th e taking of the property was fraudulent is fatally defective. A failure to so charge is not supplied by the allegations that the property was taken with the fraudulent intent to deprive the owner of the value of it, and with the fraudulent intent to appropriate, etc. (Willson’s Cr. Stat., sec. 1254.) In this case the information does not allege that the property was fraudulently taken, and the…
2Cited by4 opinions
- Ira Haney v. StateCourt of Criminal Appeals of Texas · 1931
- Chance v. StateCourt of Criminal Appeals of Texas · 1978
- Chance v. StateCourt of Criminal Appeals of Texas · 1978
- Phillips v. StateCourt of Criminal Appeals of Texas · 1921