McDaniel v. State

HARPER, Judge.

Appellant was indicted, charged with swindling. The court submitted to the jury only the seventh count in the indictment, upon which appellant was found guilty, and his punishment assessed at two years confinement in the penitentiary.

This seventh count alleges the unlawful acquisition of one thousand dollars by means of certain false representations. It is alleged, in substance, that appellant represented that he was a member of the Western Construction Company, and' that said company was solvent and able to build a railway proposed; that the headquarters of such company was at…