Court of Criminal Appeals of Texas, 1961

King v. State

Court of Criminal Appeals of Texas · Decided March 29, 1961 · Morrison, Woodley

344 S.W.2d 693; 171 Tex. Crim. 34; 1961 Tex. Crim. App. LEXIS 4321 (South Western Reporter, Second Series)

Opinion of the Court

MORRISON, Judge.

Our prior opinion is withdrawn.

The offense is embezzlement; the punishment, 2 years.

The indictment in this case is fatally defective because it fails to allege the ownership of the funds which were embezzled. This is a matter of substance and may be raised at any time. See Ryan v. State, 76 Tex.Cr.R. 510, 176 S.W. 49; Osborne v. State, 93 Tex.Cr.R. 54, 245 S.W. 928; and Martin v. State, 144 Tex.Cr.R. 313, 162 S.W.2d 722.

For the defect pointed out, the judgment is reversed and the prosecution-is ordered dismissed.

WOODLEY, P. J., absent.

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