Butler v. State
Court of Criminal Appeals of Texas
The evidence of the State showed that defendant, according to his quarterly report, had received and in his possession at that time a balancp of more than $3000 for which he did not account; this was corroborated by the finance ledger kept by the county clerk.
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The evidence of the State showed that defendant, according to his quarterly report, had received and in his possession at that time a balancp of more than $3000 for which he did not account; this was corroborated by the finance ledger kept by the county clerk. Various county officials, including the defendant’s successor, proved his shortage by the books and records of the county in which account is kept of the various county funds received by the treasurer and that defendant had failed to turn over to his successor these funds. It was also shown that defendant had used county funds in paying…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of misapplication of money belonging to the county of Ward, and his punishment assessed at a term of five years’ confinement in the penitentiary; hence this appeal.
Appellant questions the indictment on the ground that in the closing part of the indictment, to wit, the allegation, “and the said L. A. Butler did unlawfully and fraudulently take, misapply and convert the same to his own use and benefit,” etc., that it fails to show such a connection with what precedes as to embrace a proper allegation of time and venue. We do not believe this contention…
2Cases cited3 opinions
- State v. BrooksTexas Supreme Court · 1874
- Berry v. StateCourt of Criminal Appeals of Texas · 1904
- Smith v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by8 opinions
- Ferrell v. StateCourt of Criminal Appeals of Texas · 1912
- De Los Santos v. StateCourt of Criminal Appeals of Texas · 1912
- State v. ThomesSupreme Judicial Court of Maine · 1927
- Campos v. StateCourt of Criminal Appeals of Texas · 1918
- Ferrell v. StateCourt of Criminal Appeals of Texas · 1912
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