Hardin v. State

• Court: Texas Court of Appeals
• Writing for the Court: Hurt
• Citation: Hardin v. State, 7 S.W. 534, 25 Tex.App. 74 (Tex. App. 1888)
• Decision Date: 25 February 1888
• Parties: HARDIN v. STATE.

7 S.W. 534

HARDIN v. STATE.

Court of Appeals of Texas.

February 25, 1888.

Appeal from district court, McLennan county; J. N. HENDERSON, Judge.

Thomas Hardin was indicted for swindling, and, upon conviction, was sentenced to two years in the penitentiary. He appeals.

Anderson, Flint & Anderson, for appellant. Asst. Atty. Gen. Davidson, for the State.

HURT, J.

This is a conviction for swindling. Appellant was charged with swindling Sam Novich by mortgaging cattle, when in fact he owned no cattle; thereby procuring goods by means of this fraudulent mortgage, and a note for $50.

The first error assigned is that the court erred in not sustaining the exceptions to the indictment, because said indictment fails to set forth in words, or to give the substance or tenor of, the mortgage. The indictment alleges, in effect, that the appellant did knowingly, falsely, etc., make, execute, and deliver to Sam Novich a false and fraudulent and deceitful chattel mortgage on said aforesaid cows and calves; said mortgage being then and there in writing. If the mortgage had been drawn and signed by appellant, and offered to Novich as security for the debt to be contracted, and by this means Novich was induced to part with his goods, then the mortgage should be set out in the indictment, as in forgery; because, in such a case, the contents of the mortgage would constitute at least a part of the false representations moving the owner to...