Smith v. State

Decided December 19, 1888

Court of Appeals of Texas · decided 1888-12-19

Tried below before the Hon. E. D. McClellan. The conviction was for the fraudulent disposition of mortgaged property, and the penalty assessed by the verdict was a term of two years in the penitentiary. The sufficiency of the indictment is the one question determined on this appeal.

Decided 1888-12-19

Willson, Judge.

¶1This appeal is from a conviction for “disposing of and trading off” mortgaged property with intent to defraud. The indictment is fatally defective because it does not allege the name of the person to whom the property was disposed of, or traded, nor that the name of such person was unknown to the grand jurors. (Presley v. The State, 24 Texas Ct. App., 494.)

¶2The judgment is reversed and the prosecution'is dismissed.

¶3Reversed and dismissed.