Sheppard v. State

Decided July 1, 1877

Court of Appeals of Texas · decided 1877-07-01

<p>“Theft from a House” as a specific offense was abrogated in 1876, by the repeal of Article 764 of the Penal Code, and a conviction for that specific offense which was pending on appeal when it was so abrogated must be set aside; but if, as in the present case, the indictment be good for simple theft, the cause will be remanded for trial on that charge.</p>

Decided 1877-07-01

White, J.

¶1Appellant 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 Dig., Art. 2490) was repealed by acts of fifteenth legislature (233), and there is no longer any such specific offense known to our law as theft from a house.

¶2The 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.

¶3Reversed and remanded.