Martinez v. State
325 S.W.2d 145, 1959 Tex. Crim. App. LEXIS 2756
Opinion
The conviction is under Art. 567b, Vernon’s Ann.P.C., for the giving of a worthless check in the amount of $19; the punishment, a fine of $50.
The failure to allege in the complaint that the check was given with intent to defraud renders it invalid. Hence this conviction is void as shown in Wright v. State, Tex.Crim.App. 324, S.W.2d 883, and the cases there cited.
The judgment is reversed and the prosecution is ordered dismissed.
Opinion approved by the Court.
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Martinez v. State, 325 S.W.2d 145, 1959 Tex. Crim. App. LEXIS 2756 (Tex. 1959).
325 S.W.2d 145 (Martinez v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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