Reed v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

It was charged in the indictment that appellant was a deputy sheriff of Gray County and “as such officer, by virtue of said office,” there had come into his possession certain money which he had converted to his own use.

The prosecution was under Article 95 of the Penal Code. Deleting that part not here applicable, said article reads as follows:

“If any officer of any county * * * shall fraudulently take, misapply, or convert to his own use any money * * * belonging to such county * * * that may have come into his custody or possession by virtue…