Riley v. State

Citations

• 27 Tex. Ct. App. 606
• 11 S.W. 642
• 1889 Tex. Crim. App. LEXIS 96

Syllabus

<p>1. Theft—Indictment.—The purpose of the indictment in this case was to charge the theft of a horse from the possession of one Henry Wright, but in drafting the indictment the pleader omitted the word “of’’ after the word possession. Held, that the omission is fatal to the conviction, inasmuch as the omitted word is essential to the accusation.</p> <p>2. Same—Accomplice Testimony. —See the opinion in extenso for evidence of a State’s witness held insufficient to inculpate the said witness as an accomplice to theft.</p>