Templeton v. State

ON THE MERITS.

KRUEGER, Judge.

— At a former day of this term we dismissed the appeal in this case by reason of a defective record. Since then the appellant has perfected his record and the case will now be considered and disposed of on its merits.

Appellant was convicted of the offense of swindling, and his punishment was assessed at confinement in the state penitentiary for a term of two years.

Appellant attacks the indictment upon the following grounds:

First, because the formal parts of the indictment read as follows, “In the name and by the authority of the State of Texas,” instead of reading…