Home/Court of Criminal Appeals of Texas/Hawkins v. State

Hawkins v. State

383 S.W.2d 416, 1964 Tex. Crim. App. LEXIS 1096
Court of Criminal Appeals of Texas·Decided October 28, 1964·No. 37188·Published·Cited by 9 cases

Opinion

*417 WOODLEY, Presiding Judge.

The offense is theft by bailee; the punishment, S days in jail and a fine of $75.

The State does not seek affirmance of this conviction for the reason that there is no allegation in the complaint and information as to the value of the property alleged to have been appropriated.

Without such an allegation the punishment cannot be determined. Art. 1429, Sec. 1, Vernon’s Ann.P.C.; 5 Branch’s Ann.P.C. 2d Ed., Sec. 2674, p. 120; Price v. State, 165 Tex.Cr.R. 326, 308 S.W.2d 47, and cases cited.

The judgment is reversed and the prosecution under the complaint and information is ordered dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Hawkins v. State, 383 S.W.2d 416, 1964 Tex. Crim. App. LEXIS 1096 (Tex. 1964).

383 S.W.2d 416 (Hawkins v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Wilson v. State
835 S.W.2d 278 (Court of Appeals of Texas, 1992)
Dedonato v. State
789 S.W.2d 321 (Court of Appeals of Texas, 1990)
Benoit v. State
561 S.W.2d 810 (Court of Criminal Appeals of Texas, 1977)
Mears v. State
520 S.W.2d 380 (Court of Criminal Appeals of Texas, 1975)
Wilson v. State
520 S.W.2d 377 (Court of Criminal Appeals of Texas, 1975)
Standley v. State
517 S.W.2d 538 (Court of Criminal Appeals of Texas, 1975)