Schwartz v. State

DICE, Judge.

The conviction is under Art. 1544b, V.A.P.C. for the offense of embezzlement; the punishment, confinement in the penitentiary for a term of five years.

The indictment contained ten counts but only the fifth and eighth counts were submitted to the jury by the court in his charge.

By their verdict the jury found appellant guilty of the offense of embezzlement as charged in the eighth count. The eighth count of the indictment alleged:

“AND THE GRAND JURORS AFORESAID, upon their oaths, in said Court, do further present, that on or about the 6th day of April, A.D., 1960, and anterior to…