Scott v. State

ON APPELLANT’S motion for rehearing.

KRUEGER, Judge.

The appellant was tried and convicted of the offense of embezzlement, and his punishment assessed at confinement in the state penitentiary for a term of two years.

This case was before this court at a former day and in considering appellant’s .motion for rehearing our attention has been drawn to the insufficiency of the indictment. The indictment charged embezzlement of “certain lubricating oil” but nowhere sets up the number of tanks, gallons, quarts or other description of the quantity or the kind of oil so taken. Article 403, C. C. P.,…