Martinez v. State

Court of Criminal Appeals of Texas
Martinez v. State, 325 S.W.2d 145 (Tex. Crim. App. 1959)
1959 Tex. Crim. App. LEXIS 2756
Belcher

Martinez v. State

Opinion of the Court

BELCHER, Commissioner.

The conviction is under Art. 567b, Vernon’s Ann.P.C., for the giving of a worthless check in the amount of $19; the punishment, a fine of $50.

The failure to allege in the complaint that the check was given with intent to defraud renders it invalid. Hence this conviction is void as shown in Wright v. State, Tex.Crim.App. 324, S.W.2d 883, and the cases there cited.

The judgment is reversed and the prosecution is ordered dismissed.

Opinion approved by the Court.

Reference

Full Case Name
Gregorio MARTINEZ v. STATE of Texas
Cited By
4 cases
Status
Published