Muse v. State

GRAVES, Judge.

Appellant was convicted for violating what is commonly called the “Blue Sky” or securities law, and sentenced to serve one year in the penitentiary.

His first complaint is that the allegations in the indictment are contradictory in that he is charged, among other things, with selling a security, the said security being set out in haec verba in the indictment, yet the same is designated therein as “assignment of oil and gas lease;” and further that the proof shows that the instrument upon which the prosecution is based was an assignment of an oil and gas lease, — therefore not a…