Ex parte Cranford

Court of Criminal Appeals of Texas

Ex parte Cranford

579 S.W.2d 934, 1979 Tex. Crim. App. LEXIS 1586

CourtCourt of Criminal Appeals of Texas

DecidedApril 25, 1979

DocketNo. 61095

StatusPublished

Cited by1 cases

This text of 579 S.W.2d 934 (Ex parte Cranford) 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

Ex parte Cranford, 579 S.W.2d 934, 1979 Tex. Crim. App. LEXIS 1586 (Tex. 1979).

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Opinion

OPINION

ROBERTS, Judge.

This is an application for habeas corpus relief after a final conviction in a felony case. The applicant was charged by an indictment which reads in pertinent part: “. . did then and there enter a building which was not open to the public, without the effective consent of Kenneth Gould, the owner, and therein attempted to commit and committed theft . . ..” The indictment is fundamentally defective for failing to allege a culpable mental state. Ex parte Winton, 549 S.W.2d 751 (Tex.Cr.App.1977). The conviction is set aside and the indictment is ordered dismissed.

The applicant is ordered released from any confinement or restraint imposed by virtue of the indictment, judgment, or sentence in cause 8777 in the 24th Judicial District Court of Victoria County.

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OPINION

ROBERTS, Judge.

This is an application for habeas corpus relief after a final conviction in a felony case. The applicant was charged by an indictment which reads in pertinent part: “. . did then and there enter a building which was not open to the public, without the effective consent of Kenneth Gould, the owner, and therein attempted to commit and committed theft . . ..” The indictment is fundamentally defective for failing to allege a culpable mental state. Ex parte Winton, 549 S.W.2d 751 (Tex.Cr.App.1977). The conviction is set aside and the indictment is ordered dismissed.

The applicant is ordered released from any confinement or restraint imposed by virtue of the indictment, judgment, or sentence in cause 8777 in the 24th Judicial District Court of Victoria County.

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579 S.W.2d 934, 1979 Tex. Crim. App. LEXIS 1586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-cranford-texcrimapp-1979.

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