In years past, in our informations, we have alleged misdemeanor shoplifing property as merchandise and "see attached receipt" and then attached a copy of the receipt to the information or included it on the face.
I remember seeing some authority that said it was OK to do this. Now I can't find it.
Does anyone have the case?
Why not just allege "merchandise" and if there is no motion to quash, it's a proof issue and there is no attaching of a receipt?
Why not read the receipt, offense report, talk to the victim and describe the stolen items in the information with sufficient specificity to give the defendant reasonable notice? Can always amend if something changes.
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.