Allen v. State

MORROW, Presiding Judge.

The offense is theft; punishment fixed at confinement in the penitentiary for a period of two years.

In Article 1329 of the Penal Code, 1 ‘ theft’ ’ is thus defined: ‘ ‘ Theft is the fraudulent taking of corporeal personal property belonging to another from his possession, or from the possession of some person holding the same for him, without his consent, with intent to deprive the owner of the value of the same, and to appropriate it to the use or benefit of the person taking.”

In drawing the indictment in the present case, the pleader, instead of using the language…