Peralto v. State

Decided February 14, 1885

Court of Appeals of Texas · decided 1885-02-14

Tried below before the Hon. G. II. Noonan. The conviction was for the theft of a watch, of the value of $75, and a chain of the value of $10, the property of A. Bland and C. E. Wynne, in Bexar coupty, Texas, on the 12th day of Hay, 1884. A term of two years in the penitentiary was the penalty assessed against the appellant.

Decided 1885-02-14

White, Presiding Judge.

¶1The indictment, which was for theft, does not specifically charge that the intent was to deprive the owners of the stolen property “ of the value of the same,” and it is only by inference and intendment that these statutory words, made essential in the definition of theft, can be supplied. (State v. Sherlock, 26 Texas, 106; Ridgeway v. The State, 41 Texas, 231; Jones v. The State, 12 Texas Ct. App., 424; Tallant v. The State, 14 Texas Ct. App., 234.)

¶2The indictment being defective, the judgment is reversed and the prosecution dismissed.

¶3Beversed and dismissed.

¶4[Opinion delivered February 14, 1885.]