Roberts v. State

LATTIMORE, Judge.

— Conviction in district court of Potter county of swindling; punishment, two years in the penitentiary.

The record is before us without' any statement of facts and a discussion of the facts must be omitted. There is a matter appearing-in the record which seems to us to be so fundamental as to necessitate a reversal of the case, even without a statement of facts. There are three counts in the indictment and only the third was submitted to the jury. The charge is swindling, and in order for the indictment to be valid it must appear that the property obtained by the appellant…