Sheppard v. State

Court of Appeals of Texas

Sheppard v. State

2 Tex. Ct. App. 295

DecidedJuly 1, 1877

StatusPublished

This text of 2 Tex. Ct. App. 295 (Sheppard v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sheppard v. State, 2 Tex. Ct. App. 295 (Tex. Ct. App. 1877).

Pincite

Opinion

White, J.

Appellant was indicted, tried, and convicted of “ theft from a house,” of property of the value of $5, and his punishment affixed at two years’ imprisonment in the state penitentiary. Since the appeal in this court was taken, Article 764 of the Penal Code (Pasc. Dig., Art. 2490) was repealed by acts of fifteenth legislature (233), and there is no longer any such specific offense known to our law as theft from a house.

The indictment, however, is good as an indictment for simple theft, and the case will be reversed and remanded in order that the defendant may be tried for this latter offense.

Reversed and remanded.

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

White, J.

Appellant was indicted, tried, and convicted of “ theft from a house,” of property of the value of $5, and his punishment affixed at two years’ imprisonment in the state penitentiary. Since the appeal in this court was taken, Article 764 of the Penal Code (Pasc. Dig., Art. 2490) was repealed by acts of fifteenth legislature (233), and there is no longer any such specific offense known to our law as theft from a house.

The indictment, however, is good as an indictment for simple theft, and the case will be reversed and remanded in order that the defendant may be tried for this latter offense.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

2 Tex. Ct. App. 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheppard-v-state-texapp-1877.