From Casetext: Smarter Legal Research

Taylor v. the State

Court of Criminal Appeals of Texas
Jan 14, 1920
86 Tex. Crim. 463 (Tex. Crim. App. 1920)

Opinion

No. 5589.

Decided January 14, 1920.

Theft — Information — Possession.

Where the information for the offense of theft fails to allege from whose possession the alleged stolen property was taken, the same is fatally defective and the prosecution must be dismissed. Following: Hill v. State, 55 Tex.Crim. Rep., and other cases.

Appeal from the County Court of Jefferson County at Law No. 2. Tried below before the Hon. A.M. Rutan, judge.

Appeal from a conviction of theft; penalty, a fine of twenty-five dollars and thirty days confinement in the county jail.

The opinion states the case.

H.B. Tucker, for appellant. Alvin M. Owsley, Assistant Attorney General, for the State.


This appellant was convicted of the offense of theft, in the County Court at Law No. 2, of Jefferson County, and appeals to this Court.

We are met upon the threshold of our consideration of this case, with the fact that the complaint is fatally defective, in that it does not allege from whose possession the alleged stolen property was taken. This is necessary. Littleton v. State, 20 Texas Crim. App., 168; White v. State, 33 Tex.Crim. Rep.; Mixon v. State, 28 Texas Crim App., 347; Hill v. State, 55 Tex. Crim. 407.

For the error mentioned, the judgment of the trial court is reversed, and the prosecution dismissed.

Dismissed.


Summaries of

Taylor v. the State

Court of Criminal Appeals of Texas
Jan 14, 1920
86 Tex. Crim. 463 (Tex. Crim. App. 1920)
Case details for

Taylor v. the State

Case Details

Full title:EDITH TAYLOR v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Jan 14, 1920

Citations

86 Tex. Crim. 463 (Tex. Crim. App. 1920)
217 S.W. 937

Citing Cases

Webb v. State

'        See also Taylor v. State, 86 Tex.Cr.R. 463, 217 S.W. 937, and Blevins v. State, 146 Tex.Cr.R.…

Freeman v. State

Such an information does not charge an offense. Robinson v. State, 71 Tex.Crim. R., 160 S.W. 456; Henley v.…