Escue v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Shackelford County of the offense of swindling, and his punishment fixed at confinement in the penitentiary for a term of five years.

The case is before us without any statement of facts. The indictment contains two counts, and inasmuch as there is a general verdict of guilty, under our well established practice, such verdict would apply to either of said counts, and if one of the same should be defective, said verdict would be upheld under the other count.

Appellant made a lengthy motion to quash the first count, and the Court…