Crane v. State

Decided November 24, 1888

Court of Appeals of Texas · decided 1888-11-24

Tried below before the Hon. J. C. Randolph. The appellant in this case, who was a deputy sheriff and deputy collector of Coleman county, was convicted for the misapplication of one hundred and fifty-five dollars and thirty-nine cents, alleged to have come into his possession by virtue of said office. The penalty assessed by the verdict was a term of two years in the penitentiary.

Decided 1888-11-24

Willson, Judge.

¶1This prosecution is under article 103 of the Penal Code. It is not alleged in the indictment that the money converted was owned by any county, city or town. It is as essential, in an indictment for this offense, to allege the ownership of the money or property converted, as it is in the case of *483theft or embezzlement, and it must be money owned by a county, city or town in order to constitute this offense. The Assistant Attorney General concedes the insufficiency of the indictment. The judgment is reversed and the prosecution is dismissed.

Opinion delivered November 24, 1888.

¶2Reversed and dismissed.