The Texas Criminal Reports Volume 80

The Texas Criminal Reports Volume 80

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...p. 1932; United States v. Breese, 131 Fed., 915; United States v. Youtsey, 91 Fed., 864.) An indictment for embezzlement must allege the moneys or funds were intrusted to the possession of the defendant, but an indictment for abstraction or misapplication need not. (3 Michie's Banks and Banking, p. 1948; United States v. Northway, supra; United States v. Johnson, Fed. Cas. No. 15,483.) Jllisappropriation means wrong appropriation; to turn to a wrong purpose. (Hagerty v. Badkin, 66 Atl., 4'20.) The cases from the various Federal Circuit Courts of Appeal are not in harmony. There perhaps is some conflict between them. We have cited above those which we think are correct and in point. The cases of Green v. State, 66 Texas Crim. Rep., 446, and Ferrell v. State, 68 Texas Crim. Rep., 487, particularly relied upon by the State, as well as other cases cited, we think, have no application to this case. In all those cases we were discussing an indictment under a statute which did not make two or more separate and distinct offenses but the two or more methods of committing one offense, and all these cases properly considered clearly make that distinction. Our statute, in various provisions, prescribes what allegations in an indictment shall be deemed sufficient. Among others, article 451, C. C. P., subdivision 7, states: "The offense must be set forth in plain and intelligible words." Also article 576, C. C. P., expressly authorizes an accused to make a motion to quash the indictment for the want of any of the requisites prescribed by said article 451. One ground of the motion to quash this indictment was because "the language of the allegations thereof are confused, indefinite and unintelligible." This ground did more

Product details

  • Paperback | 388 pages
  • 189 x 246 x 20mm | 689g
  • United States
  • English
  • black & white illustrations
  • 1236947487
  • 9781236947482