Ware v. State

Court of Appeals of Texas

Ware v. State

19 Tex. Ct. App. 13, 1885 Tex. Crim. App. LEXIS 156

Procedural entryThis page is a short order in Ware v. State. Read the opinion of the Court — 24 Tex. Ct. App. 521 →

Court of Appeals of Texas·Decided October 10, 1885·No. No. 1894·Published

Opinion

Willson, Judge.

An indictment for theft, to be sufficient, must allege that the property was fraudulently taken. The allegation that it w as feloniously taken is insufficient. (Sloan v. The State, 18 Texas Ct. App., 225.) In this case, wherein the defendant has been convicted of the theft of a horse, the indictment is fatally defective because it does not allege that the defendant fraudulently took the horse.

The judgment is reversed and the prosecution is dismissed.

Reversed and dismissed.

[Opinion delivered October 10, 1885.]

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Willson, Judge.

An indictment for theft, to be sufficient, must allege that the property was fraudulently taken. The allegation that it w as feloniously taken is insufficient. (Sloan v. The State, 18 Texas Ct. App., 225.) In this case, wherein the defendant has been convicted of the theft of a horse, the indictment is fatally defective because it does not allege that the defendant fraudulently took the horse.

The judgment is reversed and the prosecution is dismissed.

Reversed and dismissed.

[Opinion delivered October 10, 1885.]

Ware v. State, 19 Tex. Ct. App. 13, 1885 Tex. Crim. App. LEXIS 156 (Tex. Ct. App. 1885).

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