DANIEL v. STATE

No. 53092.

547 S.W.2d 597 (1977)

Aubrey Allen DANIEL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 24, 1977.


Attorney(s) appearing for the Case

Ogen Hollis Pemberton, Houston, on appeal only, for appellant.

Carol S. Vance, Dist. Atty., William W. Burge and Edward A. Dodd, Jr., Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

Appellant was convicted of theft. Punishment was assessed at four years.

We are met at the outset with fundamental error that requires consideration in the interest of justice. Art. 40.09(13), V.A.C. C.P.

The indictment alleges in relevant part that appellant:

". . . did exercise control over property, namely silverware, of the value of under two hundred dollars, with the intent to deprive the owner, Joske's...

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