McPherson v. State

Decided January 27, 1886

Court of Appeals of Texas · decided 1886-01-27

Tried below before the Hon. E. Maltbie. The conviction was for the felonious theft of hogs, the property of W. H. Bledsoe, in Grayson county, Texas, on the 25th day of March, 1885. A term of two years in the penitentiary was the punishment awarded the appellant.

Decided 1886-01-27

Willson, Judge.

¶1This conviction must be set aside, and the prosecution must be dismissed because the indictment is fatally defective. It does not allege that the property was fraudulently taken. (Ware v. The State, 19 Texas Ct. App., 13; Spain v. The State, id., 469; Sloan v. The State, 18 Texas Ct. App., 225.)

¶2The judgment is reversed and the prosecution dismissed.

¶3Reversed and dismissed.