Himmelfarb v. State

PRENDERGAST, Presiding Judge.

Appellant was convicted of the theft of money delivered to him by M. G. Hubert by virtue of a contract of bailment.

1. The indictment follows substantially the form therefor prescribed by Judge White in section 1501 of his Annotated Penal Code. It alleged that on or about January 20, 1914, said Hubert delivered $300 to him to buy certain bar-room fixtures and whisky with which he bound himself and agreed to purchase for Hubert. It was unnecessary for the indictment to allege either the kind, character, quality, name, etc., of the fixtures, or the quantity of…