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King v. State

Ralph KING v. STATE of Texas

King v. State, 344 S.W.2d 693 (Tex. Crim. App. 1961)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
March 29, 1961
Docket
No. 32887
Judges
Morrison, Woodley
Citations
344 S.W.2d 693171 Tex. Crim. 341961 Tex. Crim. App. LEXIS 4321

Opinion of the Court — Morrison

Text extracted by OCR from a scanned original; check the original for exact wording.

MORRISON, Judge.

Our prior opinion is withdrawn.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.R. 510 , 176 S.W. 49 ; Osborne v. State, 93 Tex.Cr.R. 54 , 245 S.W. 928 ; and Martin v. State, 144 Tex.Cr.R. 313 , 162 S.W.2d 722 .

For the defect pointed out, the judgment is reversed and the prosecution-is ordered dismissed.

WOODLEY, P. J., absent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1990: 119902026peak 1990 · 1

Relies on it most ⓘ

  1. Flowers v. State785 S.W.2d 890 (Tex. App.—El Paso 1990)

Most recent

  1. Flowers v. State785 S.W.2d 890 (Tex. App.—El Paso 1990)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Osborne v. State, 245 S.W. 928 (Tex. Crim. App. 1922) 32
Ryan v. State, 176 S.W. 49 (Tex. Crim. App. 1915) 10
Martin v. State, 162 S.W.2d 722 (Tex. Crim. App. 1942) 10

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