State v. Small
Texas Supreme Court
State v. Small, 31 Tex. 184 (Tex. 1868)
Caldwell
State v. Small
Opinion of the Court
— The defendant is indicted for selling mortgaged property with intent to defraud the mortgagee.
The offense with which the defendant is accused is, under the code, a felony, and must be so charged, or it will be fatal. (18 Tex., 387.)
Judgment affirmed.
Reference
- Full Case Name
- State v. Robert Small
- Cited By
- 1 case
- Status
- Published
- Syllabus
- In an indictment for swindling, under article 113 of the Penal Code, it is necessary to aver that the offense was committed feloniously. (Paschal’s Dig., Art. 2425.)