Burleson v. State
This text of 403 S.W.2d 143 (Burleson v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION
The conviction is under Art. 567b, Vernon’s Ann.P.C., for the giving of a worthless check in the amount of $21.85; the punishment was assessed at thirty days in jail and a fine of fifty dollars.
The intent to defraud is an essential element of the offense here charged. Art. 567b, Sec. 1, supra.
The failure to allege in the complaint that the check was given with the intent to defraud renders it invalid. Hence, the conviction is void. McCormick v. State, 168 Tex.Cr.R. 60, 323 S.W.2d 462; Wright v. State, 324 S.W.2d 883; Martinez v. State, Tex.Cr.App., 325 S.W.2d 145.
The judgment is reversed and the prosecution is ordered dismissed.
Opinion approved by the Court.
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403 S.W.2d 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burleson-v-state-texcrimapp-1966.