King v. State
This text of 171 Tex. Crim. 34 (King 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
ON MOTION FOR REHEARING
Our prior opinion is withdrawn.
The offense is embezzlement; the punishment, 2 years.
The indictment in this case is fatally defective because it fails to allege the ownership of the funds which were embezzled. This is a matter of substance and may be raised at any time. See Ryan v. State, 76 Tex. Cr. Rep. 510,176 S. W. 49; Osborne v. State, 93 Tex. Cr. Rep. 54, 245 S. W. 928; and Martin v. State, 162 S. W. 2d 722.
For the defect pointed out, the judgment is reversed and the prosecution is ordered dismissed.
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171 Tex. Crim. 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-state-texcrimapp-1961.