Alexander v. State

Court of Civil Appeals of Texas January 23, 1889

Alexander v. State, 27 Tex. Ct. App. 94 (1889)

10 S.W. 764; 1889 Tex. Crim. App. LEXIS 11

Willson

Opinion of the Court

Willson, Judge.

This conviction is for the fraudulent sale and disposition of mortgaged property. It is not alleged in the indictment to whom the defendant sold or disposed of the property, or that such person was unknown to the grand jury.

It is essential that the name of the person to whom the property was sold or disposed of should be alleged, or that it be *95alleged that the name 'of such person was unknown to the grand jury, and the omission of such an allegation is a substantial and fatal defect in the indictment. (Presley v. The State, 24 Texas Ct. App., 494; — v. State, 26 Texas Ct. App., .)

Opinion delivered January 23, 1889.

Because the indictment is insufficient the judgment is reversed and the prosecution is dismissed.

Reversed and dismissed.

Reference

Full Case Name: James Alexander v. State
Cited By: 2 cases
Status: Published
Syllabus: Fraudulent Disposition of Mortgaged Property—Indictment to charge the fraudulent sale or disposition of mortgaged property must allege the name of the person to whom the same was sold or disposed, of, or, if such be the fact, that the name of such person was to the grand jurors unknown.