Wright v. State
| Decision Date | 01 January 1873 |
| Parties | WILLIAM JOHNSON ALIAS DAVID WRIGHT v. THE STATE. |
| Court | Texas Supreme Court |
OPINION TEXT STARTS HERE
An indictment for theft which does not allege that the property charged to have been stolen was taken without the consent of the owner, is fatally defective.
APPEAL from Bexar. Tried below before the Hon. Geo. H. Noonan.
Wm. Johnson alias David Wright was indicted for “feloniously, fraudulently and unlawfully” stealing a saddle, the property of one Radford Sharp. The indictment failed to charge in terms that the property was taken without the consent of the owner. A motion was made to quash the indictment because of this defect, which was overruled, and this action of the court is assigned for error.
Verdict and judgment of guilty, from which Johnson appealed.James H. Burts, for appellant.
Browne, for the state.
The indictment in this case is fatally defective, in that it does not charge that the property alleged to have been stolen was taken without the consent of the owner. Article 2381, Pas. Dig.; Garcia v. The State, 26 Tex. 210. The court therefore erred in overruling the exceptions to the indictment in that respect.
The judgment is reversed and the cause dismissed.
Reversed and dismissed.
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