Mitchell v. State, 14224.
| Decision Date | 08 April 1931 |
| Docket Number | No. 14224.,14224. |
| Citation | 37 S.W.2d 1018 |
| Parties | MITCHELL v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Fannin County; Geo. P. Blackburn, Judge.
Cleo Mitchell was convicted of burglary, and he appeals.
Reversed, and prosecution ordered dismissed.
F. A. Dale, of Bonham, for appellant.
Lloyd W. Davidson, State's Atty., of Austin, for the State.
Conviction for burglary; punishment, two years in the penitentiary.
An unbroken line of authorities in this state lay down the rule that, when one is charged with burglary with intent to commit some felony, it is necessary that the indictment set out the constituent elements of the felony which the state charges the accused intended to commit after his entry into the building. Reed v. State, 14 Tex. App. 666; Treadwell v. State, 16 Tex. App. 643; O'Brien v. State, 27 Tex. App. 448, 11 S. W. 459. The indictment in the instant case fails to allege that appellant intended to take from the possession of its named owner corporeal personal property in said house. This is one of the necessary elements of the crime of theft; this being the felony which the state set up in its indictment appellant intended to commit after entry. There are many other authorities in point. It seems unnecessary to attempt to analyze them.
The indictment appearing to be bad, the judgment will be reversed, and the prosecution ordered dismissed.
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Ex parte Cannon
...the elements of the felony or theft in the indictment. See Williams v. State, 505 S.W.2d 838 (Tex.Cr.App.1974); Mitchell v. State, 118 Tex.Cr.R. 77, 37 S.W.2d 1018 (1931). Similarly, it is not necessary to allege the elements of the felony or theft if the indictment states simply that the e......
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Gonzales v. State
...theft' and does not set out the elements of theft is deficient.' Appellant relies on the holding of this Court in Mitchell v. State, 118 Tex.Cr.R. 77, 37 S.W.2d 1018, wherein the Court '(1, 2) An unbroken line of authorities in this state lay down the rule that, when one is charged with bur......
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Ex parte Valdez, 54737
...v. State, 99 Tex.Cr.R. 337, 269 S.W. 1043 (1925); cf. Martini v. State, 116 Tex.Cr.R. 58, 32 S.W.2d 654 (1930); Mitchell v. State, 118 Tex.Cr.R. 77, 37 S.W.2d 1018 (1931); Garrett v. State, 118 Tex.Cr.R. 71, 43 S.W.2d 120 (1931); Rodriguez v. State, 128 Tex.Cr.R. 262, 80 S.W.2d 988 (1935). ......
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Williams v. State, 47462
...also allege the elements of the particular felony the defendant is charged with intending to commit after entry. Mitchell v. State, 118 Tex.Cr.R. 77, 37 S.W.2d 1018 (1931) and cases collated under 6A Texas Digest, Burglary, k19. We now hold that these requirements apply as well to burglary ......