Graves v. State
Court of Criminal Appeals of Texas
The indictment sought to charge the defendant with the offense of swindling. Exceptions were filed to the sufficiency of the indictment which were overruled. At his trial defendant was convicted, and his punishment assessed at two years confinement in the penitentiary. After conviction defendant filed a motion in arrest of judgment which also assailed the sufficiency of the indictment.
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The indictment sought to charge the defendant with the offense of swindling. Exceptions were filed to the sufficiency of the indictment which were overruled. At his trial defendant was convicted, and his punishment assessed at two years confinement in the penitentiary. After conviction defendant filed a motion in arrest of judgment which also assailed the sufficiency of the indictment. One of the grounds stated in said motion in arrest being that “ said indictment does not negative the fact that the deed referred to in the note set out, therein contained a recital of the execution of said…
1Opinion of the Court
SIMKINS, Judge.
Appellant was indicted for the offense of swindling; was convicted, and his punishment assessed at two years confinement in the penitentiary, on which judgment was rendered, and he appeals.
The indictment charges the defendant with having obtained from W. C. Reeves money, mules, a wagon and other personal property, aggregating $295, in exchange for a tract of land, which he then and there represented to said Reeves to be free from incumbrance, but in truth and in fact there was an incumbrance on said land, which had been given by defendant to one G. S. Dickerson, defendant’s…
2Cases cited1 opinion
- Willis v. GayTexas Supreme Court · 1878
3Cited by3 opinions
- Luce v. StateCourt of Criminal Appeals of Texas · 1920
- Wimer v. StateCourt of Criminal Appeals of Texas · 1932
- Allen v. StateCourt of Criminal Appeals of Texas · 1924