SMITH v. STATE

No. 43103.

458 S.W.2d 923 (1970)

T. Eugene SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 4, 1970.


Attorney(s) appearing for the Case

Del Barber, Colorado City, for appellant.

Stanley Kacir, Dist. Atty. and Bruce Bangert, Asst. Dist. Atty., Belton, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The indictment charged felony theft, alleging that appellant stole twenty-three head of sheep of the value of over $50.00; the punishment, five years.

We are met at the outset with the question of whether an indictment such as in this case will support a conviction for ordinary theft under the provisions of Arts. 1421 and 1422 Vernon's Ann.P.C., where the proof shows theft of sheep.

Art. 1420 V.A.P.C. reads as follows...

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