Legal Opinion

Malcolmson v. State

Court of Appeals of Texas

Decided March 17, 1888No. 2372PublishedCited by 1 opinion

Appeal from the District Court of Parker. Tried below before the Hon. George A. McCall. The appellant, who was the secretary and treasurer of a private corporation, known as the “Franco-Texan Land Company,” was convicted under an indictment which charged him with the embezzlement of five hundred dollars in money, the property of the said company. The venue was laid and the trial had in Parker county, Texas.

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Appeal from the District Court of Parker. Tried below before the Hon. George A. McCall. The appellant, who was the secretary and treasurer of a private corporation, known as the “Franco-Texan Land Company,” was convicted under an indictment which charged him with the embezzlement of five hundred dollars in money, the property of the said company. The venue was laid and the trial had in Parker county, Texas. The verdict and judgment assessed the penalty against the appellant at a term of two years in the penitentiary. The State introduced in evidence the charter of the “Franco-Texan Land…

1Opinion of the Court

Hurt, Judge.

Appellant Malcolmson was convicted at the June term of the district court of Parker county of the offense of embezzlement, from which conviction he appeals here and by counsel assigns numerous errors for a reversal of the judgment.

Several objections are urged to the sufficiency of the indictment, some of which will be noticed, to wit: 1. That said indictment fails to allege the names of the persons from whom the five hundred dollars were received by the defendant. 2. That it does not state the kind of money received, whether said *289money was gold, silver coin, National bank or…

2Cases cited2 opinions

  1. Block v. StateTexas Supreme Court · 1876
  2. Boyle v. StateTexas Supreme Court · 1873

3Cited by1 opinion

  1. Big Sandy & Kentucky River Railway Co. v. BlairCourt of Appeals of Kentucky (pre-1976) · 1928

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