Moore v. State

MORROW, Judge.

Appellant was convicted of' swindling on account of the acquisition of $600 in money in the sale of certain personal property on the false representation that it was free from encumbrance.

The facts are sufficient to support the verdict, but the indictment is assailed upon several grounds. It was charged that the property sold was mortgaged to secure a debt of $631. Appellant claims that the rule which requires a false pretense to be specifically averred, and that where such false pretense is in whole or in part in writing or based on a written instrument that the writing or…