(DOWNLOAD) "Bernita Moore Lawhon v. State Texas" by 339 The Texas Court of Criminal Appeals No. 41 * eBook PDF Kindle ePub Free
eBook details
- Title: Bernita Moore Lawhon v. State Texas
- Author : 339 The Texas Court of Criminal Appeals No. 41
- Release Date : January 19, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The offense is embezzlement; the punishment, five years. Appellant's first ground of error is that even though there was no motion to quash the indictment that nevertheless it falls
to charge an offense because of the absence of the dollar mark preceding the phrase "108.36 current money of the United States
of America of the value of over $50.00." Reliance is had upon the opinions of this Court in White v. State, 149 Tex. Crim.
218, 193 S.W.2d 218; Bledsoe v. State, 151 Tex. Crim. 575, 210 S.W.2d 165, and Sanchez v. State, 133 Tex. Crim. 634, 113 S.W.2d
893. In White, supra, the allegation was "seventy-two in money of the value of seventy-two dollars." The State contends that
White, supra, was overruled by Cousins v. State, 154 Tex. Crim. 5, 224 S.W.2d 260. While we agree with appellant that since
Cousins, supra, was a case of theft from the person, it does not effectively overrule White, supra, we must call attention
to our opinion in Mason v. State, 167 Tex. Crim. 516, 321 S.W.2d 591, which does not mention White v. State, supra, but by
its holding, necessarily overrules the same. In Mason, supra, we said the allegation "money of the United States of America
of the value of more than $50.00" was a sufficient description.