Romay v. State

OPINION

MORRISON, Judge.

The offense is selling and disposing of mortgaged property, the punishment, five years, probated.

The case was submitted to the jury under an indictment charging appellant with selling and disposing of certain personal property under mortgage to “a person to the Grand Jurors unknown”. There is an absence of proof showing that appellant sold or disposed of any of the property to any person. Descriptive allegations contained in the indictment must be supported by proof adduced at the trial. Gutierrez v. State, 171 Tex.Cr.R. 493, 352 S.W.2d 124, see also the cases collated…