Evans v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McLennan. Tried below before Hon. Sam R. Scott. Appeal from a conviction for embezzlement; penalty, imprisonment in the penitentiary for two years.
Read the full summary
Appeal from the District Court of McLennan. Tried below before Hon. Sam R. Scott. Appeal from a conviction for embezzlement; penalty, imprisonment in the penitentiary for two years. The charging part of the indictment is as follows, to wit: “In the county and State aforesaid, one William Evans was then and there a private person, and as such Nannie Stanley did intrust to and deliver to him a certain corporeal personal property then and there belonging to the said Nannie Stanley, to wit: one certain letter and envelope addressed to J. F. Mahoney, Gulf Port, Mississippi, which said letter and…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of embezzlement, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.
Appellant made a motion to quash the indictment on the ground that it failed to allege that the property came into the possession of the defendant, or was under his care, by virtue of his office, agency, or employment. These terms of the statute were not used in the indictment, but the allegations contained in the indictment sufficiently stated the relations of the parties, and the court did not err in overruling the motion to…
2Cases cited2 opinions
- Caldwell v. StateTexas Supreme Court · 1849
- Ashcroft v. StateTexas Supreme Court · 1869
3Cited by8 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1971
- Busby v. StateCourt of Criminal Appeals of Texas · 1907
- Long v. StateCourt of Criminal Appeals of Texas · 1931
- Hartford Accident & Indemnity Co. v. Wichita Laundry Co.Court of Appeals of Texas · 1929
- Landis v. StateCourt of Criminal Appeals of Texas · 1918
3 more not listed; retrieve them via the Exa API.