Fulcher v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Midland. Tried below before Hon. William Kennedy. The indictment in this case contained two counts; one for theft of $500, and the other for the fraudulent conversion of said $500, acquired by virtue of a contract of bailment.
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Appeal from the District Court of Midland. Tried below before Hon. William Kennedy. The indictment in this case contained two counts; one for theft of $500, and the other for the fraudulent conversion of said $500, acquired by virtue of a contract of bailment. The first count for theft was dismissed, and defendant was tried and convicted upon the second count for the fraudulent conversion as a bailee, his punishment being assessed at two years imprisonment in the penitentiary. The facts proved by the State are sufficiently stated in the following testimony of W. E. Connell, who testified: I…
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of a fraudulent conversion of money paid to him by mistake, and his punishment assessed at two years in the penitentiary.
The only question in the case is whether the offense charged against appellant is within the purview of article 742a of the Penal Code.
In this case the cashier of the First National Bank of Midland County, by mistake, paid to appellant $500 more than his check on that bank called for, which was converted by appellant to his own use.
Article 742a declares, that any person having possession of personal property of another by virtue of a…
2Cited by19 opinions
- United States v. James Hugh RogersCourt of Appeals for the Fourth Circuit · 1961
- Burns v. StateWisconsin Supreme Court · 1911
- Moron v. StateCourt of Criminal Appeals of Texas · 1985
- Reeves v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Torix v. AllredIdaho Supreme Court · 1980
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