Ayers v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Tarrant. Tried below before Hon. George W. Armstrong, County Judge. Appeal from a conviction for swindling; penalty, a fine of $25, and two days’ imprisonment in the county jail.
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Appeal from the County Court of Tarrant. Tried below before Hon. George W. Armstrong, County Judge. Appeal from a conviction for swindling; penalty, a fine of $25, and two days’ imprisonment in the county jail. The facts in this case, as shown by the record, are briefly these; W. E. Ayers, accompanied by his brother, Roy Ayers, had spent the night at the Hotel Worth, in the city of Fort Worth, leaving the next morning between 8 and 9 o’clock; that after they had left the hotel some time, W. E. Ayers stepped into a business house, obtained a blank check on the State National Bank of Fort…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of swindling, and his punishment assessed at a fine of $25, and two days’ confinement in the county jail, and he prosecutes this appeal. On the trial of the case, the judge charged the jury: “It is not necessary in law that the pretenses used by a person in acquiring .property should be in words. There may be sufficient false pretenses in the acts and conduct of the person, without any verbal representations of a fraudulent nature. The giving of a check upon a bank is a representation by the maker of the cheek that he has either funds or credit at such…
2Cited by3 opinions
- State v. HammelsyOregon Supreme Court · 1908
- Dobbs v. StateCourt of Criminal Appeals of Texas · 1907
- Blackwell v. StateCourt of Criminal Appeals of Texas · 1899