Card v. State

BEAUCHAMP, Judge.

Appellant was convicted on an indictment charging removal of mortgaged property out of Wheeler County' and was assessed two years in the penitentiary.

On original submission the appeal was dismissed because of a defective record. Tex.Cr.App., 239 S.W.2d 395. Correction has now beén made and the appeal is considered on its merits.

It will be necessary to discuss only one of the errors pointed out by the appeal. The indictment alleges the injured party to be the “Farmers and Merchants Bank of Shamrock, Texas.” There is no allegation that it is a corporation. The proof shows that…