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344 S.W.2d 693

King v. State

Decided March 29, 1961

Cited by 2 later decisions — most recently May 1990

2 state decisions

Relies on 93 Tex. Crim. 54 - Osborne v. State · 76 Tex. Crim. 516 - Smith v. State · 144 Tex. Crim. 313 - Martin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1961-03-29

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MORRISON, Judge.

¶1Our prior opinion is withdrawn.

¶2The offense is embezzlement; the punishment, 2 years.

¶3The indictment in this case is fatally defective because it fails to allege the ownership of the funds which were embezzled. This is a matter of substance and may be raised at any time. See Ryan v. State, 76 Tex.Cr.R. 510, 176 S.W. 49; Osborne v. State, 93 Tex.Cr.R. 54, 245 S.W. 928; and Martin v. State, 144 Tex.Cr.R. 313, 162 S.W.2d 722.

¶4For the defect pointed out, the judgment is reversed and the prosecution-is ordered dismissed.

WOODLEY, P. J., absent.
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