Presley v. State

Citations

• 24 Tex. Ct. App. 494
• 6 S.W. 540
• 1887 Tex. Crim. App. LEXIS 229

Syllabus

<p>Fraudulent Disposition oe Mortgaged Property—Indictment-Fact Case.—The indictment in this case alleges that the mortgaged property was fraudulently disposed of by the accused to some person to the grand jury unknown. The evidence shows that it was disposed of to one Ike Thomas, and that the grand jury either knew, or by the exercise of reasonable diligence could have ascertained, that fact. Held, that the indictment is sufficient to charge the offense of fraudulently disposing of mortgaged property, but the evidence disproving an essential allegation in the said indictment, is insufficient to support the conviction.</p>