Court of Civil Appeals of Texas, 1887

Hightower v. State

Hightower v. State
Court of Civil Appeals of Texas · Decided June 4, 1887 · Willson
23 Tex. Ct. App. 451; 5 S.W. 343; 1887 Tex. Crim. App. LEXIS 106

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.

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