Stephens v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Potter. Tried below before the Hon. Ira Webster. Appeal from a conviction of embezzlement; penalty, two years confinement in the penitentiary. The testimony for the State showed that the prosecutor turned the money over to the defendant, to be deposited in a bank when he had an opportunity, and that the prosecutor took a receipt therefor as set out in the opinion; the defendant was to keep the money for safe keeping.
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Appeal from the District Court of Potter. Tried below before the Hon. Ira Webster. Appeal from a conviction of embezzlement; penalty, two years confinement in the penitentiary. The testimony for the State showed that the prosecutor turned the money over to the defendant, to be deposited in a bank when he had an opportunity, and that the prosecutor took a receipt therefor as set out in the opinion; the defendant was to keep the money for safe keeping. Defendant deposited the money in bank and afterwards drew it out on his own checks and used it; he admitted to prosecutor, after being duly…
1Opinion of the Court
HERDERSON, Judge.
Appellant was convicted of embezzlement, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.
Appellant made a motion to quash the indictment on the ground of its alleged insufficiency. The indictment was brought under article 938 of our Penal Code, and has been held sufficient in Goodwyn v. State, 64 S. W. Rep., 251. We understand the facts there and here to be in a measure similar. We do not deem it necessary to enter into a rediscussion of this phase of the case.
The bill of exceptions with reference to the proof of the…
2Cases cited2 opinions
- Adams v. StateCourt of Criminal Appeals of Texas · 1895
- Barth v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by10 opinions
- Parnell v. StateCourt of Criminal Appeals of Texas · 1959
- Hamer v. StateCourt of Criminal Appeals of Texas · 1910
- Corrigan v. HeardCourt of Appeals of Texas · 1949
- Great National Lloyds v. HallCourt of Appeals of Texas · 1954
- Nesbitt v. StateCourt of Criminal Appeals of Texas · 1913
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