Burleson v. State

Court of Criminal Appeals of Texas

Decided June 1, 1966

Court of Criminal Appeals of Texas · decided 1966-06-01

Relies on 168 Tex. Crim. 60 - McCormick v. State · Martinez v. State · 324 Tex. Crim. 883 - Wright v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1966-06-01

How this case has been cited

Cited by 3 later decisions — most recently May 1984

3 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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¶1OPINION

BELCHER, Commissioner.

¶2The conviction is under Art. 567b, Vernon’s Ann.P.C., for the giving of a worthless check in the amount of $21.85; the punishment was assessed at thirty days in jail and a fine of fifty dollars.

¶3The intent to defraud is an essential element of the offense here charged. Art. 567b, Sec. 1, supra.

¶4The failure to allege in the complaint that the check was given with the intent to defraud renders it invalid. Hence, the conviction is void. McCormick v. State, 168 Tex.Cr.R. 60, 323 S.W.2d 462; Wright v. State, 324 S.W.2d 883; Martinez v. State, Tex.Cr.App., 325 S.W.2d 145.

¶5The judgment is reversed and the prosecution is ordered dismissed.

¶6Opinion approved by the Court.