Court of Civil Appeals of Texas, 1886

McPherson v. State

Court of Civil Appeals of Texas · Decided January 27, 1886 · Willson

20 Tex. Ct. App. 194; 1886 Tex. Crim. App. LEXIS 33

Opinion of the Court

Willson, Judge.

This conviction must be set aside, and the prosecution must be dismissed because the indictment is fatally defective. It does not allege that the property was fraudulently taken. (Ware v. The State, 19 Texas Ct. App., 13; Spain v. The State, id., 469; Sloan v. The State, 18 Texas Ct. App., 225.)

The judgment is reversed and the prosecution dismissed.

Reversed and dismissed.

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