Talamentez v. State

Court of Criminal Appeals of Texas

Talamentez v. State

59 S.W.2d 1084, 123 Tex. Crim. 580, 1933 Tex. Crim. App. LEXIS 299

CourtCourt of Criminal Appeals of Texas

DecidedMay 3, 1933

DocketNo. 15919

StatusPublished

Cited by2 cases

This text of 59 S.W.2d 1084 (Talamentez 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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Talamentez v. State, 59 S.W.2d 1084, 123 Tex. Crim. 580, 1933 Tex. Crim. App. LEXIS 299 (Tex. 1933).

Pincite

Opinion

LATTIMORE, Judge.

for theft; punishment, four years in the penitentiary.

The indictment in this case contained four counts; three charging burglary and one charging theft. At the request of appellant the state elected to try upon the count charging theft. Our attention is attracted by the fact that said count fails to allege the ownership of the property said to be stolen. Such allegation is uniformly held to be necessary. The conviction can not stand in the absence of a good indictment.

The judgment will be reversed, and the cause remanded.

Reversed and remanded.

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