Herrin v. State

547 S.W.2d 598, 1977 Tex. Crim. App. LEXIS 978

• Court: Court of Criminal Appeals of Texas
• Decided: February 23, 1977
• Docket: 52769
• Status: Published

Opinions

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for felony theft. V.T.C.A. Penal Code, Sec. 31.03. The court assessed punishment at seven years.

An examination of the record reveals that the indictment is fatally defective. The indictment alleges that the defendant:

“did then and there unlawfully exercise control of property, namely, money and one truck, of the value of over ten thousand dollars, with the intent to deprive the owner, J. W. Maxcey, of the property.”

For the reasons stated in Reynolds v. State, 547 S.W.2d 590 (Tex.Cr.App.1977), decided this day on rehearing, this indictment is fundamentally defective. See also Ex parte Cannon, 546 S.W.2d 266 (Tex.Cr.App.1976), opinion on rehearing delivered November 10, 1976, and Johnson v. State, 547 S.W.2d 599 (Tex.Cr.App.1977).

The judgment is reversed and the prosecution is ordered dismissed.