E. B. Gilliam v. State

HAWKINS, Judge.

— Conviction is for embezzlement, punishment being assessed at two years in the penitentiary.

This is the second time this case has reached this court. The result of the former appeal is reported in 126 Texas Crim. Rep., 425, 72 S. W. (2d) 599.

We are met right at the threshold with a proposition which in our judgment is decisive of the present appeal.

The indictment contained three counts; the first charged that appellant was “an officer of an incorporated institution, to-wit: Daniel Baker College,” and that appellant as such officer did embezzle $2300.00 belonging to said…