Hightower v. State

Decided June 4, 1887

Court of Appeals of Texas · decided 1887-06-04

Tried below before the Hon. B. L. Richey, County Judge. This conviction was for misdemeanor swindling, and the penalty imposed was a fine of ten dollars.

Good law ✅— No negative treatment on recordhow we know

Decided 1887-06-04

How this case has been cited

Cited by 3 later decisions — most recently January 1932

1 district · 2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Willson, Judge.

¶1An indictment or information for the offense of swindling, to be valid1, must allege that the injured party was induced to part with the ownership of the property acquired by the defendant by means of the false pretenses, etc., stated in said indictment or information. (Mathena v. The State, 15 Texas Ct. App., 473.)

¶2In this case the information contains no such allegation, and is, therefore, substantially defective; wherefore the judgment is reversed and the prosecution is dismissed.

¶3Reversed and dismissed.