Kimbrell v. State

MORROW, Presiding Judge.

The offense is swindling; penalty assessed at confinement in the penitentiary for a period of two years.

The record is before this court without a statement of facts. A plea of guilty was entered.

On the motion for new trial the sufficiency of the indictment was assailed upon the ground that there is an absence of an averment that the owner of the property parted therewith in reliance upon the cheqk described in the indictment. The indictment charges in substance that the appellant acquired two head of cattle from Vallan by means of a check for fifty dollars which is…