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Freeman v. State

Court of Criminal Appeals of Texas
Jun 25, 1952
250 S.W.2d 223 (Tex. Crim. App. 1952)

Opinion

No. 25930.

June 25, 1952.

Appeal from the County Court, Wichita County, Guy H. McNeely, J.

Ray Martin, Wichita Falls, for appellant.

George P. Blackburn, State's Atty., Austin, for the State.


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

Our 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.

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

The judgment is reversed and the prosecution ordered dismissed.


Summaries of

Freeman v. State

Court of Criminal Appeals of Texas
Jun 25, 1952
250 S.W.2d 223 (Tex. Crim. App. 1952)
Case details for

Freeman v. State

Case Details

Full title:FREEMAN v. STATE

Court:Court of Criminal Appeals of Texas

Date published: Jun 25, 1952

Citations

250 S.W.2d 223 (Tex. Crim. App. 1952)
157 Tex. Crim. 478