McKnight v. State, 37954

Decision Date10 March 1965
Docket NumberNo. 37954,37954
Citation387 S.W.2d 662
PartiesHershel McKNIGHT, Appellant, v. The STATE of Texas, Appellee.
CourtTexas Court of Criminal Appeals

Royce E. Ball, Lubbock, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

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

Our able state's attorney does not seek an affirmance of this conviction, and we agree that this cause must be reversed. The indictment alleged that appellant and one James Elmer Firestone stole a number of mechanical items, but no value is attributed to them either singularly or collectively. It is essential in all cases of theft, except in theft from the person and theft of certain animals such as horses, mules, cattle, etc., to allege the value of the property so that the indictment may show upon its face that the court has jurisdiction of the offense. This identical question was before the Court in Steel v. State, Tex.Cr.App., 217 S.W.2d 857. See also Price v. State, 165 Tex.Cr.R. 326, 308 S.W.2d 47.

The indictment being fatally defective, the judgment of conviction is reversed and the prosecution is dismissed.

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5 cases
  • Escobar v. State, 01-14-00593-CR
    • United States
    • Texas Court of Appeals
    • October 29, 2015
    ...693 S.W.2d 448, 450 (Tex. Crim. App. 1985); Christiansen v. State, 575 S.W.2d 42, 44 (Tex.Crim. App. 1979); McKnight v. State, 387 S.W.2d 662, 663 (Tex. Crim. App. 1965).B. Analysis Here, appellant fails to meet the second prong of the test for lesser-included offenses, i.e., there is no ev......
  • Ramirez v. State
    • United States
    • Texas Court of Appeals
    • May 14, 2014
    ...693 S.W.2d 448, 450 (Tex.Crim.App.1985); Christiansen v. State, 575 S.W.2d 42, 44 (Tex.Crim.App. [Panel Op.] 1979); McKnight v. State, 387 S.W.2d 662, 663 (Tex.Crim.App.1965). The record in this case reflects that appellant stole a 2004 Toyota Tacoma. The truck was described as black and ha......
  • Craver v. State, 02-14-00076-CR
    • United States
    • Texas Court of Appeals
    • June 25, 2015
    ...448, 450 (Tex. Crim. App. 1985); Christiansen v. State, 575 S.W.2d 42, 44 (Tex. Crim. App. [Panel Op.] 1979); McKnight v. State, 387 S.W.2d 662, 663 (Tex. Crim. App. 1965). Here, neither party introduced any evidence of the value of the items Craver took from Sears; thus, without evidence o......
  • Ramirez v. State
    • United States
    • Texas Court of Appeals
    • February 4, 2014
    ...448, 450 (Tex. Crim. App. 1985); Christiansen v. State, 575 S.W.2d 42, 44 (Tex. Crim. App. [Panel Op.] 1979); McKnight v. State, 387 S.W.2d 662, 663 (Tex. Crim. App. 1965). The record in this case reflects that appellant stole a 2004 Toyota Tacoma. The truck was described as black and havin......
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