Hardin v. State

Citations

• 25 Tex. Ct. App. 74
• 7 S.W. 534
• 1888 Tex. Crim. App. LEXIS 29

Syllabus

<p>Swindling—Indictment.—The gravamen of an indictment for swindling: was that the accused, by mortgaging cattle which he did not own, procured from one ÍT. certain merchandise, etc. The mortgage was not set out in TiaiO verba nor by its tenor, and the indictment leaves it in doubt whether it charges that the accused, when he obtained the merchandise,, executed and delivered the mortgage, or whether he obtained the same upon previous false representations of such ownership, and subsequently executed the mortgage as a mere security. Held that the indictment is-bad for uncertainty. See the opinion in extenso.</p>