Court of Civil Appeals of Texas, 1888

Smith v. State

Smith v. State
Court of Civil Appeals of Texas · Decided December 19, 1888 · Willson
26 Tex. Ct. App. 577; 10 S.W. 218; 1888 Tex. Crim. App. LEXIS 222

Smith v. State

Opinion of the Court

Willson, Judge.

This appeal is from a conviction for “disposing of and trading off” mortgaged property with intent to defraud. The indictment is fatally defective because it does not allege the name of the person to whom the property was disposed of, or traded, nor that the name of such person was unknown to the grand jurors. (Presley v. The State, 24 Texas Ct. App., 494.)

The judgment is reversed and the prosecution'is dismissed.

Reversed and dismissed.

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