Court of Criminal Appeals of Texas, 1924

Whaley v. State

Whaley v. State
Court of Criminal Appeals of Texas · Decided May 28, 1924 · Hawkins
263 S.W. 287; 98 Tex. Crim. 131; 1924 Tex. Crim. App. LEXIS 512 (South Western Reporter)

Whaley v. State

Opinion of the Court

HAWKINS, Judge.

— Conviction is for misdemeanor swindling with punishment assessed at a fine of $25 and five days confinement in the county jail.

The record contains neither statement of facts nor bills of exception. In such condition nothing is presented for review.

The judgment is affirmed.

Affirmed.

Addendum

ON REHEARING.

June 27, 1924.

HAWKINS, Judge.

— At the time the former opinion in this case was prepared no brief was- on file for appellant. He now files a motion for rehearing in which it is insisted' that his motion in arrest of judg *132 ment should have been sustained for the alleged insufficiency of the information upon which the prosecution is based. It charged swindling by the giving and drawing of a check, with an allegation that appellant, who was the drawer of the check, had no funds in the bank to pay the same, and had no good reason to believe that the check would be paid, etc. We have examined' the authorities cited by appellant and have been unable to see their application to the present case. We do not detect any vice in the information. It appears to sufficiently charge an offense.

The motion for rehearing in overruled.

Overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.