Webb v. State

MORRISON, Presiding Judge.

The offense is felony theft; the punishment, 5 years.

In view of our disposition of the case, a recitation of the facts will not be deemed necessary. Our attention has been called to a fundamental defect in the indictment in that nowhere therein is it alleged that the stolen property was taken from the possession of the injured party or from any other party.

This question was before this court in Ryan v. State, 76 Tex. Cr. Rep. 510, 176 S.W. 49, wherein this court said:

“No motion was made to quash the indictment in the trial court, and the question of the sufficiency…