Hendley v. State, 29820

Decision Date21 May 1958
Docket NumberNo. 29820,29820
CourtTexas Court of Criminal Appeals
PartiesLawrence Herbert HENDLEY, Appellant, v. The STATE of Texas, Appellee.

James J. Shown, W. E. Martin, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

Appellant was tried before the court on a plea of not guilty and was assessed a fine of $100.

The complaint and information alleged the theft of 'one tire of the value of ten dollars' and 'one wheel of the value of ten dollars.'

We overrule the contention that the information should have been quashed because the description of the property alleged to have been stolen was inadequate.

The evidence was to the effect that appellant took a spare tire from a pickup truck.

The trial court found appellant guilty and assessed a punishment applicable to the offense of theft of property of a value less than $5.

The judgment is reformed to so show, and, as reformed, is affirmed.

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6 cases
  • Wood v. State, 67486
    • United States
    • Texas Court of Criminal Appeals
    • March 3, 1982
    ...(Tex.Cr.App.1972); "one television set," Mays v. State, 428 S.W.2d 325 (Tex.Cr.App.1968); "one tire" and "one wheel," Hendley v. State, 313 S.W.2d 296 (Tex.Cr.App.1958); "one automobile tire," Young v. State, 139 Tex.Cr.R. 509, 141 S.W.2d 315 (1940); "pistol," Smith v. State, 131 Tex.Cr.R. ......
  • Moore v. State
    • United States
    • Texas Court of Criminal Appeals
    • December 7, 1971
    ...wheel of the value of ten dollars' were held an adequate description of stolen property alleged in the information in Hendley v. State (Tex.Cr.App.1958), 313 S.W.2d 296. These cases indicate our rather liberal practice as to allegations concerning property In the instant case, however, neit......
  • Moore v. State
    • United States
    • Texas Court of Criminal Appeals
    • January 21, 1976
    ...wheel of the value of ten dollars' were held an adequate description of stolen property alleged in the information in Hendley v. State (Tex.Cr.App.1958), 313 S.W.2d 296. These cases indicate our rather liberal practice as to allegations concerning property 'In the instant case, however, nei......
  • Wilson v. State
    • United States
    • Texas Court of Criminal Appeals
    • November 24, 1965
    ...Beland v. State, 160 Tex.Cr.R. 351, 271 S.W.2d 430, Guidry v. State, 172 Tex.Cr.R. 516, 360 S.W.2d 152. See also Hendley v. State, Tex.Cr.App., 313 S.W.2d 296; Johnson v. State, 42 Tex.Cr.R. 103, 58 S.W. 69; Baldwin v. State, 76 Tex.Cr.R. 499, 175 S.W. The prior convictions alleged for enha......
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