Wood v. State

BROOKS, Judge.

Appellant was convicted of unlawfully disposing of mortgaged property, and two years in the penitentiary assessed as his punishment. Appellant filed a motion in arrest of judgment, alleging that the indictment upon which the conviction is predicated, charged no offense, and because it fails to allege that the mortgage therein set out was unpaid at the time of the alleged sale of the property. The indictment, after setting forth the mortgage upon which the prosecution was predicated, contains but one count, which is as follows :

“And thereafter, to wit: on or about the 24th day of…