Legal Opinion

McQuinn v. State

Court of Criminal Appeals of Texas

Decided April 20, 1938No. 19449PublishedCited by 2 opinions

The opinion states the case.

1Opinion of the Court

Hawkins, Judge.

Conviction is for conspiracy to swindle, punishment being two years in the penitentiary.

We have been much disturbed over the question of the sufficiency of the indictment to charge a conspiracy to swindle. Article 1622, P. C. (1925) — formerly Article 1433 — now reads: “A conspiracy is an agreement entered into between two or more persons to commit a felony. Obtaining money or property over the value of $50 by swindling is a felony, and therefore, included in the Conspiracy Statute. Article 1545, P. C. (1925), defines “swindling” as follows: “ ‘Swindling’ is the acquisition of…

2Cases cited3 opinions

  1. Graff v. PeopleIllinois Supreme Court · 1904
  2. Cowan v. StateCourt of Criminal Appeals of Texas · 1900
  3. Carter v. StateCourt of Criminal Appeals of Texas · 1922

3Cited by2 opinions

  1. Rice v. StateCourt of Criminal Appeals of Texas · 1980
  2. Rice v. StateCourt of Criminal Appeals of Texas · 1980

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