Martinez v. State, 325 S.W.2d 145

BELCHER, Commissioner.

The conviction is under Art. 567b, Vernon’s Ann.P.C., for the giving of a worthless check in the amount of $19; the punishment, a fine of $50.

The failure to allege in the complaint that the check was given with intent to defraud renders it invalid. Hence this conviction is void as shown in Wright v. State, Tex.Crim.App. 324, S.W.2d 883, and the cases there cited.

The judgment is reversed and the prosecution is ordered dismissed.

Opinion approved by the Court.

Case Details

Case Name: Martinez v. State

Court Name: Court of Criminal Appeals of Texas

Date Published: Jun 17, 1959

Citations: 325 S.W.2d 145; 1959 Tex. Crim. App. LEXIS 2756; No. 30900

Docket Number: No. 30900

Court Abbreviation: Tex. Crim. App.