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Corner v. State

Court of Criminal Appeals of Texas
Dec 22, 1937
111 S.W.2d 266 (Tex. Crim. App. 1937)

Opinion

No. 19023.

Delivered November 3, 1937. Rehearing Denied December 22, 1937.

Swindling — Indictment.

Conviction for conspiracy to commit the offense of swindling was affirmed where the averments in the indictment, and facts adduced upon the trial, were substantially the same as those in companion case of Baker v. State (126 Tex.Crim. Rep.), in which the Court of Criminal Appeals affirmed the conviction holding the indictment sufficiently charged the offense.

Appeal from the District Court of McLennan County. Hon. D. W. Bartlett, Judge.

Appeal from conviction for conspiracy to commit the offense of swindling; penalty, confinement in penitentiary for three years.

Affirmed.

The opinion states the case.

Jack Binion and McLean Scott, all of Fort Worth, for appellant.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.


The offense is conspiracy to commit the offense of swindling; the punishment, confinement in the penitentiary for three years.

The companion case of Baker v. State is found reported in 72 South Western, Second Series, at page 296.

The facts adduced upon the trial in the present case were substantially the same as those set forth in the opinion in Baker v. State, supra.

The averments in the indictments in the present case and the companion case are substantially the same. Suffice it to say we held that the indictment in the companion case sufficiently charged the offense, and affirmed the judgment of conviction.

The judgment is affirmed.

Affirmed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

ON MOTION FOR REHEARING.


Our re-examination of the record in the light of the motion for rehearing filed by appellant leads us to the conclusion that the proper disposition of the appeal was made upon the original hearing. The motion for rehearing is therefore overruled.

Overruled.


Summaries of

Corner v. State

Court of Criminal Appeals of Texas
Dec 22, 1937
111 S.W.2d 266 (Tex. Crim. App. 1937)
Case details for

Corner v. State

Case Details

Full title:EDDIE CONNER ALIAS DR. J. A. PIERCE v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Dec 22, 1937

Citations

111 S.W.2d 266 (Tex. Crim. App. 1937)
111 S.W.2d 266