Freeman v. State

Decided June 25, 1952

Court of Criminal Appeals of Texas · decided 1952-06-25

Cited by 4 later decisions — most recently November 1952

4 state decisions

Relies on 76 Tex. Crim. 516 - Smith v. State · 71 Tex. Crim. 561 - Robinson v. State · 61 Tex. Crim. 428 - Henley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1952-06-25

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MORRISON, Judge.

¶1The offense is misdemeanor theft; the punishment, 30 days in jail and a fine of $200.

¶2Our able State’s Attorney has confessed error herein because of a fatal defect in the information. He calls our attention to the fact that it fails to allege that the property stolen was taken from the possession of the owner, or from one who had possession thereof at the time it was taken.

¶3Such an information does not charge an offense. Robinson v. State, 71 Tex.Cr.R. 561. 160 S.W. 456; Henley v. State, 61 Tex.Cr.R. 428, 135 S.W. 133; Taylor v. State, 86 Tex.Cr.R. 463, 217 S.W. 937; Ryan v. State, 76 Tex.Cr.R. 510, 176 S.W. 49.

¶4The judgment is reversed and the prosecution ordered dismissed.