Rodriguez v. State

• Decision Date: 27 March 1935
• Docket Number: No. 17472.,17472.
• Citation: 80 S.W.2d 988
• Parties: RODRIGUEZ v. STATE.
• Court: Texas Court of Criminal Appeals

80 S.W.2d 988

RODRIGUEZ v. STATE.

No. 17472.

Court of Criminal Appeals of Texas.

March 27, 1935.

Appeal from District Court, Hidalgo County; Bryce Ferguson, Judge.

George Rodriguez was convicted of burglary, and he appeals.

Reversed, and prosecution ordered dismissed.

E. N. Catlett, of McAllen, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

MORROW, Presiding Judge.

The offense is burglary; penalty assessed at confinement in the penitentiary for three years.

The indictment is defective in failing to contain an averment to the effect that the intent of the accused was to deprive the owner of the value of the alleged stolen property.

From the case of Martini v. State, 116 Tex. Cr. R. 58, 32 S.W.(2d) 654, the following quotation is taken: "One of the requisites of an indictment for theft is an allegation that the accused took the property `with intent to deprive the owner of the value thereof.' Moore v. State, 74 Tex. Cr. R. 66, 166 S. W. 1153; Branch's Annotated Penal Code, § 2456."

For the reason stated, the judgment is reversed and the prosecution ordered dismissed.