King v. State
Ralph KING v. STATE of Texas
Opinion of the Court
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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Our prior opinion is withdrawn.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.
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