Nesbitt v. State

HARPER, Judge.

Appellant was indicted under article 940 of the Penal Code, in one count, it being alleged that he being a private person, one H. L. Smith, did instruct and deliver to him a check for $60 to he deposited in the Farmers National Bank at Gatesville, Texas; that defendant failed to deposit said check in said bank and did fraudulently embezzle and fraudulently convert to his own use the said check. In another count it is alleged that defendant appropriated the money received on said check. Appellant did not move to quash the indict ment, but after announcement for trial, objected to…