Smith v. State

Summary

The court held that the appellants were judicially estopped from challenging the treatment of an answer as the equivalent of service because they had previously taken that position to avoid a continuance. It further held that the forfeiture complaint failed to allege the essential elements of theft by taking because it did not plead the required intent to deprive, and that the general-demurrer standard governs this pleading requirement. The court reversed in part, vacated in part, and remanded for consideration of whether the complaint adequately alleged another offense supporting forfeiture.