Smith v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for embezzlement, the punishment being assessed at three years’ imprisonment in the penitentiary.
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This appeal is from a conviction for embezzlement, the punishment being assessed at three years’ imprisonment in the penitentiary. The charging part of the indictment is as follows: “That one E. G. Smith, on the 28th day of November, in the year of our Lord one thousand eight hundred and ninety-three, with force and arms, in the county and State aforesaid, was the agent of an incorporated company, to wit: the Pacific Express Company; and the said E. G. Smith did then and there fraudulently embezzle, misapply, and convert to his own use, without the consent of said incorporated company,…
1Opinion of the Court
HEHDEBSOH, Judge.
The appellant was tried and convicted of the offense of embezzlement, and his punishment assessed at three years’ confinement in the penitentiary, and from the judgment and sentence in the case he prosecutes this appeal.
The indictment under which he was tried charged him with the embezzlement of $865, money alleged to have belonged to the Pacific Express Company, an incorporated company. The appellant filed the motion to quash the indictment in the court below, on the ground that it failed to allege the charter or act of incorporation, and that it failed to allege that same…
2Cases cited1 opinion
- Fleener v. StateSupreme Court of Arkansas · 1893
3Cited by6 opinions
- State v. SchumacherSupreme Court of Iowa · 1913
- Landis v. StateCourt of Criminal Appeals of Texas · 1918
- Pueblo v. MatosSupreme Court of Puerto Rico · 1923
- Pueblo v. Cardona AdamesSupreme Court of Puerto Rico · 1942
- People v. Cardona AdamsSupreme Court of Puerto Rico · 1942
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