Hardin v. State
Court of Appeals of Texas
Appeal from the District Court of McLennan. Tried below before the Hon. J. H. Henderson, on exchange. The conviction was for swindling, and the penalty assessed was a term of two years in the penitentiary. The opinion sufficiently discloses the case.
1Opinion of the Court
Hurt, Judge.
This is a conviction for swindling. The appellant was charged with swindling Sam Hovich by mortgaging cattle, when in fact he owned no cattle; thereby procuring goods by means of this fraudulent mortgage and a note for fifty dolars.
The first error assigned is that the court erred in not sustaining the exceptions to the indictment, because said indictment fails to set forth in words, or to give the substance or tenor of the mortgage. The indictment alleges, in effect, that appellant did knowingly, falsely, etc., make, execute and deliver to Sam Hovich a false and fraudulent and…
2Cases cited1 opinion
- State v. BaggerlyTexas Supreme Court · 1858
3Cited by2 opinions
- Moore v. PeopleAppellate Court of Illinois · 1900
- Dunn v. StateCourt of Criminal Appeals of Texas · 1938