Johnson v. State , 39 Tex. 393 ( 1873 )

Ogden, P. J.

The indictment in this case is fatally defective, in that it does not charge that the property alleged to have been stolen was taken without the consent of the-owner. (Article 2381, Paschal’s Digest; Garcia v. The State, 26 Texas, 210.) The court therefore erred in overruling the exceptions to the indictment in that respect.

The judgment is reversed and the cause dismissed.

Reversed and- dismissed.