Gaddy v. State

Citations

• 8 Tex. Ct. App. 127

Syllabus

<p>1. Indictment based on a penal statute must allege every fact which is a constituent of the offence, so as to bring the accused precisely within the provisions of the statute. If the statute applies to certain classes of persoiis, or to acts done at a particular time or place, the indictment must conform thereto by direct allegations.</p> <p>2. Same—Embezzlement. — To charge a bailee with embezzlement, the indictment must by direct averment allege that the embezzled property came into his possession or was under his care by virtue of his agency or of the bailment. See indictment held defective in this respect.</p>