SMITH v. STATE

No. 55483.

573 S.W.2d 546 (1978)

Vernon Dean SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

November 22, 1978.


Attorney(s) appearing for the Case

John S. Ament, III, Jacksonville, for appellant.

K. E. "Pete" Menefee, Rusk, for the State.

Before DOUGLAS, TOM G. DAVIS and VOLLERS, JJ.


OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for theft over $200. V.A.P.C. Penal Code, Sec. 31.03. Punishment, enhanced by two prior felony convictions, was assessed at life imprisonment.

Appellant contends that although the indictment alleged that the property had a value of over $200, it was fundamentally defective for failing to allege a value of less than $10,000. Appellant argues that every fact that affects the degree or kind...

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