Smith v. State

DICE, Judge.

The offense is felony theft by bailee; the punishment, 5 years.

The indictment alleged that appellant fraudulently converted to his own use $265 belonging to Bessie Johnson which he had in his possession “by virtue of his contract of hiring, borrowing and bailment with the said Bessie Johnson.”

Insofar as it alleges the bailment of hiring and borrowing, the indictment is not subject to the attack made upon it (that it does not allege the kind of bailment involved).

In Blake v. State, 147 Tex. Cr. R. 333, 180 S.W. 2d 351, it was held that an indictment for theft by bailee which…