Leinart v. State

MORRISON, Judge.

The offense is swindling; the punishment, two years.

The indictment appears to be sufficient to charge the felony offense of swindling based upon the false representation that 4050 gallons of oil had been delivered to the city of Greenville during the month of August and appellant had the right to collect therefor, when in truth and in fact such 4050 gallons of oil had not been delivered and he was not entitled to pay therefor.

If the proof sustains such allegation and there is no variance, the conviction may be sustained.

Appellant insists that the fraudulent representation…