31 Tex. 184
Decided April 15, 1868
Texas Supreme Court · decided 1868-04-15
The case was tried before Hon. Samuel L. Éarl, one of the district judges» The defendant was indicted for swindling, under the 773d article of the code, for that, &c., &c., he did fraudulently sell and dispose of one yoke of oxen of the value of $40, after having made or given a mortgage in writing on said oxen to Edward Hill, &c. The defendant demurred to the indictment, and assigned various causes of insufficiency. The indictment was quashed, and the state appealed.
Decided 1868-04-15
¶1— The defendant is indicted for selling mortgaged property with intent to defraud the mortgagee. *185It omits to charge the offense as having heen done feloniously.
¶2The offense with which the defendant is accused is, under the code, a felony, and must be so charged, or it will be fatal. (18 Tex., 387.)
¶3Judgment affirmed.