Roach v. State

Court of Criminal Appeals of Texas

Decided January 26, 1931

Court of Criminal Appeals of Texas · decided 1931-01-26

<p>The opinion states the case.</p>

Cited by 1 later decisions — most recently March 1959

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1931-01-26

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¶1 ON MOTION FOR REHEARING.

LATTIMORE, Judge.

¶2 — Appellant moves for a rehearing herein, asserting that the indictment is fundamentally defective. We have again examined the indictment. The contention of appellant seems to be based on the proposition that in a swindling case, and where the party swindled is alleged to be a corporation, this could not be sufficient to constitute swindling, for a corporation is not an individual person. We can not agree to the contention. A corporation can be the victim of swindling. Nasets v. State (Texas Crim. App.), 32 S. W., 698; Faulk v. State, 38 Texas Crim. Rep., 78, 41 S. W., 616; Spurlock v. State, 45 Texas Crim. Rep., 284, 77 S. W., 447. We think the indictment is sufficient.

¶3 The motion for rehearing will be overruled.

¶4 Overruled.