Geick v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that when the State unnecessarily pled that the theft was by deception but provided no proof of deception, the evidence was insufficient to support a conviction
• holding that the State was bound to prove theft by deception, rather than theft alone, when it alleged the more narrow offense by choosing to specifically plead one of five possible circumstances that make consent ineffective
• stating that when pled, a statutory definition becomes an element of the offense which must be proven beyond a reasonable doubt
• defendant indicted for theft by deception acquitted when State proved appellant committed theft but failed to produce any evidence of deception
• defendant indicted for theft by deception acquitted when State proved appellant committed theft but failed to produce any evidence of deception
• “[W]hen an indictment needlessly pleads an allegation 4 that gives rise to an immaterial variance, that allegation will not be included in the hypothetically correct jury charge.”

Source: CourtListener parenthetical corpus (CC0).