Cupp v. State

BURKE, Judge.

The appellant was convicted in the District Court of Erath County for embezzlement, and his punishment assessed at seven years in the penitentiary.

The appellant was charged by indictment with embezzlement under Art. 1534 of the 1925 Penal Code (old code Art. 1416) and convicted upon the fourth count in said indictment, which is as follows:

“And the Grand Jurors aforesaid upon their oaths aforesaid in and to said Court do further present that W. B. Cupp on or about the 5th day of February, A. D., 1925, and anterior to the presentment of this indictment, in the County of Erath and…