Jones v. State

Citations

• 12 Tex. Ct. App. 424

Syllabus

<p>1. Information.—Where an attempt is made to describe an offense according to its statutory definition, the statutory words, or words equivalent, must be used. And where the pleader has by his manner of pleading rendered them necessary to the descriptive identity of the offense, they cannot be considered as surplusage which may- or can be disregarded.</p> <p>2. Same.— See the opinion for an information held defective because it omits to allege in the language of the statute that the property was taken “ with intent to deprive the owner of the value of the same,” and the substituted words, “use and benefit,” are not equivalent in substance to “ the value” of the property taken.</p>