From Casetext: Smarter Legal Research

Ezzell v. State

Court of Criminal Appeals of Texas
Nov 26, 1952
252 S.W.2d 951 (Tex. Crim. App. 1952)

Opinion

No. 26060.

November 26, 1952.

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

Ray Martin, Wichita Falls, for appellant.

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


The conviction is for theft of property under the value of $50 and over $5. Upon a plea of guilty before the court, the punishment was assessed at ten days in jail and a fine of $100.

The sole question raised on the appeal is the sufficiency of the information.

Appellant points out the fact that the information contains no allegation that the property stolen was taken from the possession of the owner or other person in possession thereof.

The defect in the information calls for a reversal of the conviction. See Freeman v. State, Tex.Cr.App., 250 S.W.2d 223, and cases there cited.

The complaint is not deficient in the particulars mentioned, and, in the event the state so desires, a new information conforming to the allegations of the complaint may be filed.

The judgment is reversed and the cause remanded.

Opinion approved by the court.


Summaries of

Ezzell v. State

Court of Criminal Appeals of Texas
Nov 26, 1952
252 S.W.2d 951 (Tex. Crim. App. 1952)
Case details for

Ezzell v. State

Case Details

Full title:EZZELL v. STATE

Court:Court of Criminal Appeals of Texas

Date published: Nov 26, 1952

Citations

252 S.W.2d 951 (Tex. Crim. App. 1952)
158 Tex. Crim. 25