Connelly v. State

DATTIMORE, Judge.

Appellant was convicted in the District Court of Hardin County of embezzlement, and his punishment fixed at two years in the penitentiary.

This is a companion case to M. E. Connelly v. State, No. 7247, opinion handed down January 24, 1923. Practically all the contentions made in the instant case were disposed of by us in our opinion in the companion case referred to.

Where the indictment contains two counts and the trial court submits only one, a verdict finding the accused “guilty as charged,” is sufficient. Such verdict could only be held responsive to the charge of the court…