STONE v. STATE

No. 28830.

299 S.W.2d 304 (1957)

Gerald STONE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 6, 1957.


Attorney(s) appearing for the Case

Thomas M. Mobley, Houston, Leo Bierwirth and Henry E. Rosenbaum, Houston, of counsel, for appellant.

Dan Walton, Dist. Atty., Thomas D. White, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


DAVIDSON, Judge.

This is a conviction for destroying personal property over the value of $50, with punishment assessed at two years in the penitentiary.

Notwithstanding the fact that Art. 1350, Vernon's P.C., makes it unlawful for one to wilfully injure or wilfully destroy personal property of another, the state elected to prosecute this case upon that part of the statute that relates to the destruction of property. There was no allegation in the indictment...

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