Chance v. State

Court of Appeals of Texas

Chance v. State

11 S.W. 457, 27 Tex. Ct. App. 441, 1889 Tex. Crim. App. LEXIS 54

CourtCourt of Appeals of Texas

DecidedApril 5, 1889

DocketNo. 6195

StatusPublished

Cited by4 cases

This text of 11 S.W. 457 (Chance v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chance v. State, 11 S.W. 457, 27 Tex. Ct. App. 441, 1889 Tex. Crim. App. LEXIS 54 (Tex. Ct. App. 1889).

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Opinion

Willson, Judge.

Theft is the "fraudulent taking of corporeal personal property,” etc. (Penal Code, art. 724.) An indictment or information for this offense which does not directly charge that th e taking of the property was fraudulent is fatally defective. A failure to so charge is not supplied by the allegations that the property was taken with the fraudulent intent to deprive the owner of the value of it, and with the fraudulent intent to appropriate, etc. (Willson’s Cr. Stat., sec. 1254.) In this case the information does not allege that the property was fraudulently taken, and the defendant’s motion in arrest of judgment based upon such defect should have been sustained; wherefore the judgement is reversed and the prosecution is dismissed.

Reversed and dismissed.

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Willson, Judge.

Theft is the "fraudulent taking of corporeal personal property,” etc. (Penal Code, art. 724.) An indictment or information for this offense which does not directly charge that th e taking of the property was fraudulent is fatally defective. A failure to so charge is not supplied by the allegations that the property was taken with the fraudulent intent to deprive the owner of the value of it, and with the fraudulent intent to appropriate, etc. (Willson’s Cr. Stat., sec. 1254.) In this case the information does not allege that the property was fraudulently taken, and the defendant’s motion in arrest of judgment based upon such defect should have been sustained; wherefore the judgement is reversed and the prosecution is dismissed.

Reversed and dismissed.

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Bluebook (online)

11 S.W. 457, 27 Tex. Ct. App. 441, 1889 Tex. Crim. App. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chance-v-state-texapp-1889.

Opinion

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