Gibbs v. State

Citations

• 41 Tex. 491

Syllabus

<p>1, Embezzlement.—An indictment which charges, with proper reference to time and place, that the defendant was the agent of A B, the owner of a gelding worth fifty dollars; that defendant was in possession of the animal by virtue of his agency; that being so in possession, he fraudulently converted it to his own use, and that this was done without the consent of the owner, with the fraudulent intent to deprive him of the value of the same, and to appropriate it to defendant’s use, charges the offense of embezzlement.</p> <p>2. Motion in arrest of judgment.—It is only for substantial defects in an indictment, and not for matters of form, that a motion in arrest of judgment should be sustained.</p>