Ellison v. State

Decided April 7, 1888

Court of Appeals of Texas · decided 1888-04-07

Tried below before the Hon. E. G. Bower, County Judge. The appellant in this case was convicted under an indictment which charged him with the theft of four bushels of com, the property of J. W. Bowlin, of the value of sixty cents per bushel. The penalty assessed against the appéllant was confinement in the county jail for the period of five days. None of the witnesses who were examined on the trial testified to the value of the alleged stolen property.

Cited by 2 later decisions — most recently March 1960

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-04-07

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Willson, Judge.

¶1It is essential in all prosecutions for theft, except for theft from the person, and theft of a horse, mule, ass or cattle, to both allege and prove the value of the property stolen. In this case the conviction is for the theft of corn, and there is no proof whatever in the record in support of the allegation of value. Wherefore the conviction is not warranted by the evidence, and must be set aside. (Willson’s Texas Crim. Stats., sec. 1285.)

¶2There are other questions presented in the record which we do not determine, because they are not likely to arise on another trial.

¶3The judgment is reversed and the cause remanded.

¶4Reversed and remanded.