
    (86 Tex. Cr. R. 463)
    TAYLOR v. STATE.
    (No. 5589.)
    (Court of Criminal Appeals of Texas.
    Jan. 14, 1920.)
    Larceny <&wkey;33 — Complaint charging- theft MUST ALLEGE FROM WHOSE POSSESSION PROPERTY WAS TAKEN.
    In prosecution for theft, complaint failing to allege from whose possession the alleged stolen property was taken held fatally defective.
    Appeal from Jefferson County Court; A. M. Rutan, Judge.
    Edith Taylor was convicted of theft, and she appeals.
    Reversed, and prosecution dismissed.
    H. B. Tucker, of Port Arthur, for appellant.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

This appellant was convicted of the offense of theft, in the county court at law No. 2, of Jefferson county, and appeals to this court.

We are met upon the threshold of our consideration of this ease with the fact that the complaint is fatally defective, in that it does not allege from whose possession the alleged stolen property was taken. This is necessary. Littleton v. State, 20 Tex. App. 168; White v. State, 33 Tex. Cr. R. 94, 25 S. W. 290; Mixon v. State, 28 Tex. App. 347, 13 S. W. 143; Hill v. State, 55 Tex. Cr. R 407, 117 S. W. 823.

For the error mentioned, the judgement of the trial court is reversed, and the prosecution dismissed.  