Gary v. State

KRUEGER, Judge.

The offense is theft from the person of a billfold containing Fifty-six Dollars. The punishment assessed is confinement in the state penitentiary for a term of five years.

Appellant’s first complaint relates to the court’s action in overruling his motion to quash the indictment on the ground of being duplicitous.

The indictment, omitting the formal parts, reads as follows: “* * * that J. R. Gary, on or about the 31st day of May, A. D. 1946, and before the presentment of this indictment, in the County of Jackson, and State of Texas, did then and there unlawfully, fraudulenty and…