Crow v. State

Court of Criminal Appeals of Texas

Crow v. State

448 S.W.2d 125, 1969 Tex. Crim. App. LEXIS 1204

CourtCourt of Criminal Appeals of Texas

DecidedDecember 10, 1969

DocketNo. 42228

StatusPublished

This text of 448 S.W.2d 125 (Crow v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crow v. State, 448 S.W.2d 125, 1969 Tex. Crim. App. LEXIS 1204 (Tex. 1969).

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Opinion

OPINION ON STATE’S MOTION FOR REHEARING

MORRISON, Judge.

Our prior opinion is withdrawn.

The offense is theft by false pretext; the punishment, five years.

The indictment alleged that the two typewriters in question were the corporeal per[126]*126sonal property of one Dean Thedford. This being an essential element of the case, the failure to stipulate in the absence of proof renders the evidence insufficient to support the conviction.

The judgment is reversed and the cause is remanded.

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