Maddox v. State

Citations

• 14 Tex. Ct. App. 447
• 1883 Tex. Crim. App. LEXIS 196

Syllabus

<p>1. Theft.—Indictment for theft is fatally defective if it fails to allege the ownership of the stolen property, or that the owner of it is unknown to the grand jurors. Allegation that the accused “did fraudulently take and steal a horse from the possession of John Dennis” is not an allegation of ownership.</p> <p>2. Practice in the Court of Appeals.—After the judgment in this case was reversed and the prosecution dismissed because of the insufficiency of the indictment, the appellant moved this court to set aside its judgment. Except the desire of the appellant, no cause is disclosed why the judgment of this court should he set aside, and his motion is therefore overruled.</p>