Tallant v. State
Tallant v. State
Opinion of the Court
One of the statutory elements in the definition of theft is that the fraudulent taking was “with intent to deprive the owner of the value of ” the property taken. (Penal Code, Art. 724.) In Williams v. The State, speaking of the requisites of an indictment, it is said “it must charge explicitly all that is essential to constitute the offense, and cannot be aided by intendments.” (12 Texas Ct. App., 395.)
Because the information in this case fails to charge that the property was- stolen “with intent to deprive the owner of the value of the same,” it is fatally defective, and the judgment must be reversed and the prosecution dismissed..
Reversed and dismissed.
Opinion delivered May 23, 1883.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.