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Hightower v. State

5 S.W. 343, 23 Tex. Ct. App. 451, 1887 Tex. Crim. App. LEXIS 106
CourtCourt of Appeals of Texas
DecidedJune 4, 1887
DocketNo. 5264
StatusPublished
Cited by6 cases

This text of 5 S.W. 343 (Hightower v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hightower v. State, 5 S.W. 343, 23 Tex. Ct. App. 451, 1887 Tex. Crim. App. LEXIS 106 (Tex. Ct. App. 1887).

Opinion

Willson, Judge.

An indictment or information for the offense of swindling, to be valid1, must allege that the injured party was induced to part with the ownership of the property acquired by the defendant by means of the false pretenses, etc., stated in said indictment or information. (Mathena v. The State, 15 Texas Ct. App., 473.)

In this case the information contains no such allegation, and is, therefore, substantially defective; wherefore the judgment is reversed and the prosecution is dismissed.

Reversed and dismissed.

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Cite This Page — Counsel Stack

Bluebook (online)
5 S.W. 343, 23 Tex. Ct. App. 451, 1887 Tex. Crim. App. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hightower-v-state-texapp-1887.