Court of Criminal Appeals of Texas, 1969

Crow v. State

Crow v. State
Court of Criminal Appeals of Texas · Decided December 10, 1969 · Morrison
448 S.W.2d 125; 1969 Tex. Crim. App. LEXIS 1204 (South Western Reporter, Second Series)

Crow v. State

Opinion of the Court

OPINION ON STATE’S MOTION FOR REHEARING

MORRISON, Judge.

Our prior opinion is withdrawn.

The offense is theft by false pretext; the punishment, five years.

The indictment alleged that the two typewriters in question were the corporeal per*126sonal property of one Dean Thedford. This being an essential element of the case, the failure to stipulate in the absence of proof renders the evidence insufficient to support the conviction.

The judgment is reversed and the cause is remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.