Sheppard v. State

Citations

• 1 Tex. Ct. App. 522

Syllabus

<p>1. Repeal oe a Penal Law.—In March, 1876, appellant was convicted, under Article 2408 of Paschal’s Digest, of theft from a house, and his punishment was assessed at two years in the penitentiary. Pending his appeal from the judgment the legislature, on the 21st of August, 1876, repealed said Article, without saving past offenses or pending prosecutions. Held, under Article 1617, Paschal’s Digest (Penal Code, Art. 15), that the repealing act exempts the appellant from punishment, and necessitates a , dismissal of the case.</p> <p>2. Indictments for theft must allege a value to the articles stolen.</p>