Hightower v. State

Court of Civil Appeals of Texas
Hightower v. State, 23 Tex. Ct. App. 451 (1887)
5 S.W. 343; 1887 Tex. Crim. App. LEXIS 106
Willson

Hightower v. State

Opinion of the Court

Willson, Judge.

An indictment or information for the offense of swindling, to be valid1, must allege that the injured party was induced to part with the ownership of the property acquired by the defendant by means of the false pretenses, etc., stated in said indictment or information. (Mathena v. The State, 15 Texas Ct. App., 473.)

In this case the information contains no such allegation, and is, therefore, substantially defective; wherefore the judgment is reversed and the prosecution is dismissed.

Reversed and dismissed.

Reference

Full Case Name
J. Hightower v. State
Cited By
6 cases
Status
Published
Syllabus
Swindling.—Indictment for swindling is insufficient if it fails to allege that the injured party was induced to part with the ownership of the property acquired by the defendant, by means of the false pretenses, etc., alleged in the indictment.