New v. State

LATTIMORE, Judge.

Conviction for swindling; punishment, ten years in the penitentiary.

In the case of New v. State (127 Texas Crim. Rep., 30), 74 S. W. (2d) 697, wherein this same appellant was before this court on appeal from a conviction for embezzlement, based on the exact facts and transaction made the basis of the instant charge and conviction now here appealed from, — we held the facts not to show embezzlement. In view of what might follow reversal in that case we said in our opinion as follows: “In view of the fact that another indictment must be returned if appellant is to be tried…