Hawkins v. State
| Decision Date | 28 October 1964 |
| Docket Number | No. 37188,37188 |
| Citation | 383 S.W.2d 416 |
| Parties | Jerry HAWKINS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
No attorney of record on appeal for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
The offense is theft by bailee; the punishment, 5 days in jail and a fine of $75.
The State does not seek affirmance of this conviction for the reason that there is no allegation in the complaint and information as to the value of the property alleged to have been appropriated.
Without such an allegation the punishment cannot be determined. Art. 1429, Sec. 1, Vernon's Ann.P.C.; 5 Branch's Ann.P.C. 2d Ed., Sec. 2674, p. 120; Price v. State, 165 Tex.Cr.R. 326, 308 S.W.2d 47, and cases cited.
The judgment is reversed and the prosecution under the complaint and information is ordered dismissed.
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Benoit v. State, s. 54296-54300
...property must be averred where the amount of injury is an essential element in the punishment.' (Emphasis Supplied) "In Hawkins v. State, 383 S.W.2d 416 (Tex.Cr.App.1964), this court said in a prosecution under Article 1429, Sec. 1, Vernon's " 'Without such an allegation the punishment cann......
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Standley v. State
...property must be averred where the amount of injury is an essential element in the punishment.' (Emphasis Supplied) In Hawkins v. State, 383 S.W.2d 416 (Tex.Cr.App.1964), this court said in a prosecution under Article 1429, Sec. 1, Vernon's 'Without such an allegation the punishment cannot ......
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Wilson v. State, 09-91-142
...the grade of the offense and the punishment. Thus it is axiomatic that failure to allege a value is fatal, see Hawkins v. State, 383 S.W.2d 416 (Tex.Crim.App.1964), as is failure to prove a value, see Price v. State, 165 Tex.Crim. 326, 308 S.W.2d 47 Thus the question under Almanza v. State,......
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Dedonato v. State
...which may affect the degree or kind of punishment. Without such allegations, the punishment cannot be determined. Hawkins v. State, 383 S.W.2d 416, 417 (Tex.Crim.App.1964). Without the facts necessary to determine punishment, the indictment in Standley was held to be fundamentally defective......