Stringer v. State

Citations

• 13 Tex. Ct. App. 520
• 1883 Tex. Crim. App. LEXIS 43

Syllabus

<p>1. Swindling—Indictment.—Article 790 of the Penal Code defines the component elements of the offense of swindling. One of' the essential elements is the intent of the party acquiring the property to appropriate it to his own use. An indictment for swindling is insufficient unless it embodies such an allegation.</p> <p>2. Same—Pleading—Case Overruled.—A deduction, or inference and presumption, of intent from acts is permissible only after the evidence has been adduced on the trial, and cannot apply to allegations in criminal pleadings. As announcing a contrary doctrine, the case of Tomkins v. The State, 33 Texas, 228, is overruled.</p> <p>3. Same.—In criminal pleadings it is in every way desirable to attend with the greatest nicety to the words contained in the act creating and defining the offense, for no others can be so proper to describe it. But if the description embraced in the statute be departed from in any material respect, and any ingredient in the definition be omitted, the indictment will be bad.</p> <p>4. Same—Indictment.—See statement of the case for an indictment held insufficient to charge the offense of swindling.</p>