Leos v. State
This text of 236 S.W.2d 817 (Leos 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.
Opinion
■This is a conviction for felony theft; the punishment, two years in the penitentiary.
The property alleged to have been stolen is described in the indictment as “oil field equipment of the value of over $50.00.”
It is, insisted that such an allegation is so general as to be vague, indefinite, and uncertain, and therefore fails to allege the theft of any specific property.
In Howk v. State, 138 Tex. Cr. R. 275, 135 S. W. 2d 719, we held insufficient an allegation describing the property taken as “personal property of the value of six dollars.” Likewise, in Scott v. State, 125 Tex. Cr. R. 396, 67 S. W. 2d 1040, we held insufficient an allegation describing the property as “certain lubricating oil.” See, also, Luce v. State, 88 Tex. Cr. R. 46, 224 S. W. 1095, where the term, “furniture and equipment,” was held insufficient to describe the property taken.
*479 We are unable to see where the term, “oil field equipment,” as here used, is more definite or certain than in the cases cited.
It follows that the indictment is fatally defective in the particular mentioned.
The judgment is reversed and prosecution ordered dismissed.
Opinion approved by the court.
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Cite This Page — Counsel Stack
236 S.W.2d 817, 155 Tex. Crim. 478, 1951 Tex. Crim. App. LEXIS 1756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leos-v-state-texcrimapp-1951.