Martinez v. State 3 Tex. L. R. 317

MARTINEZ v. THE STATE.

Charge — Value.—Where the grade of the offense and its punishment depends upon the value of the property stolen, and there is any conflict in the testimony as to its value, it is error to refuse to instruct the jury as to the proper standard by which to arrive at the value of the stolen property.

Value. — The standard is the market value of the property if there is any market for such property. If it has no market value, then the amount it would cost to replace it, would be the standard of its worth.

Reversed and remanded.