Hawkins v. State

Court of Criminal Appeals of Texas

Hawkins v. State

383 S.W.2d 416, 1964 Tex. Crim. App. LEXIS 1096

CourtCourt of Criminal Appeals of Texas

DecidedOctober 28, 1964

Docket37188

StatusPublished

Cited by9 cases

This text of 383 S.W.2d 416 (Hawkins 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.

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

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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.

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