Malz v. State
| Decision Date | 19 February 1896 |
| Parties | MALZ v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Dallas county court; T. F. Nash, Judge.
Charles Malz was convicted of theft, and appeals. Affirmed.
Mann Trice, for the State.
The appellant was convicted, under Pen. Code, art. 742a, for theft, by conversion of property intrusted to him as a bailee, and his punishment assessed at a fine of $75 and 60 days' imprisonment in the county jail, and from the judgment of the lower court he prosecutes this appeal.
The only contention of appellant that requires to be noticed is the exception taken by him to the action of the court in allowing the county attorney to amend the complaint on which the information in this case was predicated. It appears the complaint originally read, in the beginning part, "Personally appeared, before the undersigned authority, R. L. Winfrey," and it was signed, and appears to have been sworn to, by William Jackson. A motion to quash was made on the ground that, in the body of the said complaint, it appeared to have been made by R. L. Winfrey, and not William Jackson. In response to the motion to quash, the county attorney filed an answer, showing that the complaint, as shown by the affidavit, was signed and sworn to by William Jackson, and asked leave to amend the complaint by erasing the name "R. L. Winfrey," and inserting "William Jackson," which was permitted by the court. To the action of the court the defendant reserved his bill of exception. Cr. Code, art. 431, provides: Article 236 states: ...
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...except one for the exclusive use and benefit of the bailor. Fulcher v. State, 32 Tex. Cr. R. 624, 25 S. W. 625; Malz v. State, 36 Tex. Cr. R. 451, 34 S. W. 267, 37 S. W. 748; Harding v. State, 49 Tex. Cr. R. 601, 95 S. W. 528; Northcutt v. State, 60 Tex. Cr. R. 259, 131 S. W. 1128, 31 L. R.......
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...acceptance by such other is for the carrying out of such purpose." Fulcher v. State, 32 Tex. Cr. R. 621, 25 S. W. 625; Malz v. State, 36 Tex. Cr. R. 447, 34 S. W. 267, 37 S. W. 748; Northcutt v. State, 60 Tex. Cr. R. 259, 131 S. W. 1128, 31 L. R. A. (N. S.) 822; Johnson v. State, 71 Tex. Cr......
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