39 Tex. 393
Decided July 1, 1873
Texas Supreme Court · decided 1873-07-01
Tried below before the Hon. Geo. H. Noonan. Wm. Johnson alias David Wright was indicted for “ feloniously, fraudulently and unlawfully” stealing a saddle, the property of one Radford Sharp. The indictment failed to charge in terms that the property was taken without the consent of the owner. A motion was made to quash the indictment because of this defect, which was overruled, and this action of the court is assigned for error.
Decided 1873-07-01
¶1The indictment in this case is fatally defective, in that it does not charge that the property alleged to have been stolen was taken without the consent of the-owner. (Article 2381, Paschal’s Digest; Garcia v. The State, 26 Texas, 210.) The court therefore erred in overruling the exceptions to the indictment in that respect.
¶2The judgment is reversed and the cause dismissed.
¶3Reversed and- dismissed.