132 S.W. 354 | Tex. Crim. App. | 1910
On November 11, 1909, an affidavit was filed in the County Court of Waller County purporting and intending to charge appellant with the offense of swindling. On January 29 of this year the county attorney of Waller County filed in said County Court, based on said affidavit, an information, the charging part *354 of which is as follows: "That heretofore, to wit, on or about the 1st day of June, 1909, in said county of Waller, and State of Texas, one J.B.F. Robinson, late of said county and State, with force and arms did then and there by means of false and fraudulent representations knowingly and fraudulently made to the said W.M. Wheeler by the said J.B.F. Robinson, through his agent, W. Pratt, did induce the said W.M. Wheeler to part with his lawful money in the sum of Twenty-six Dollars, lawful money of the United States, by representing to the said Wheeler that he was the owner of certain goods and had the right to dispose of same, when in truth and in fact said Robinson owned no such goods as represented to the said Wheeler and knew at said time that all of said representations were false and were made solely for the purpose of swindling the said Wheeler out of said sum of money contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State." On a trial appellant was found guilty and his punishment assessed at confinement in the county jail for a period of thirty days and a fine of $150.
A number of questions are raised on the appeal, but in view of the disposition we shall make of same, it becomes unnecessary to consider them. After the conviction a motion in arrest was filed, calling in question the sufficiency of the information for various reasons which have been amplified in the brief of counsel and are twelve in number and are thus presented:
"1st. The information fails to show any connection between the false representations and the obtention of the property. Hurst, 39 Texas Civ. App. 196[
Dismissed.