Texas Supreme Court, 1868

State v. Small

State v. Small
Texas Supreme Court · Decided April 15, 1868 · Caldwell
31 Tex. 184

State v. Small

Opinion of the Court

Caldwell, J.

— The defendant is indicted for selling mortgaged property with intent to defraud the mortgagee. *185It omits to charge the offense as having heen done feloniously.

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.

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