Legal Opinion
Bennett v. State
Court of Criminal Appeals of Texas
Decided June 27, 1923No. 7195PublishedCited by 3 opinions
Appeal from the District Court of Gregg. Tried below before the Honorable P. 0. Beard. Appeal from a conviction of swindling; penalty, seven years imprisonment in the penitentiary. The opinion states the case.
1Opinion of the Court
MORROW, Presiding Judge.
— The offense is swindling; punishment fixed at confinement in the penitentiary for a period of seven years.
The insufficiency of the indictment is urged because of its alleged failure to contain an averment showing that the injured party relied upon the alleged false representations. The indictment contains this averment:
“. . . did then and there unlawfully and by means of false pretenses and device, fraudulent representations then and there knowingly and fraudulently made by him to D. Bruner, did induce the said D. Bruner, to deliver to him the said Bennett, and the…
2Cases cited4 opinions
- Revill v. StateCourt of Criminal Appeals of Texas · 1919
- Venn v. StateCourt of Criminal Appeals of Texas · 1920
- Mayes v. StateCourt of Criminal Appeals of Texas · 1920
- Martin v. StateCourt of Criminal Appeals of Texas · 1916
3Cited by3 opinions
- Franklin v. StateCourt of Criminal Appeals of Texas · 1931
- Atwood v. StateCourt of Criminal Appeals of Texas · 1948
- Parten v. StateCourt of Criminal Appeals of Texas · 1942