Burke v. State

CHRISTIAN, Judge.

The offense is misapplication of trust funds; the punishment, confinement in the penitentiary for three years.

The prosecution proceeded under article 1540, P. C., which reads as follows:

“If any officer of any court who has the legal custody of any money, evidence of debt, script, instrument of writing or other article that may have been deposited in court to abide the result of legal proceedings shall appropriate the same to his own use, he shall be punished as if he had stolen the same.”

In his motion to quash, appellant urged that the indictment failed to allege that the…