Burns v. State

CHRISTIAN, Judge.

— The offense is embezzlement of property over the value of fifty dollars; the punishment confinement in the penitentiary for two years.

The indictment contained six counts. The sixth count alone was submitted to the jury. It was charged in said count that appellant embezzled “a certain check in the sum of Five Hundred Dollars of the value of Five Hundred Dollars, the same being then and there the corporeal personal property of and belonging to the said C. O. Harper.” 'No other description of the check alleged to have been embezzled was given. Appellant timely presented his…