Malz v. State

Decision Date19 February 1896
PartiesMALZ v. STATE.
CourtTexas 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.

HENDERSON, J.

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: "An information shall not be presented by the district or county attorney until oath has been made by some credible person, charging the defendant with an offense. The oath shall be reduced to writing and filed with the information. It may be sworn to before the district or county attorney who, for that purpose, shall have power to administer the oath, or it may be made before any officer authorized by law to administer oaths." Article 236 states: "The complaint shall be deemed sufficient without regard to form, if it have these substantial requisites: (1) It must state the name of the accused, if known, and if not known must give some reasonably definite description of him. (2) It must state that the accused has committed some offense against the laws of the state, naming the offense, or that the affiant has good reason to believe, and does believe, that the accused has committed such offense. (3) It must state the time and place of...

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16 cases
  • Lee v. State
    • United States
    • Texas Court of Criminal Appeals
    • 27 December 1916
    ...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.......
  • Alvarez v. State
    • United States
    • Texas Court of Criminal Appeals
    • 11 January 1928
    ...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......
  • Whitaker v. State
    • United States
    • Texas Court of Criminal Appeals
    • 5 April 1911
    ...Williams v. State, 30 Tex. App. 155, 16 S. W. 760; Long v. State, 39 Tex. Cr. R. 464, 46 S. W. 821, 73 Am. St. Rep. 954; Malz v. State, 36 Tex. Cr. R. 447, 34 S. W. 267, 37 S. W. 748. Appellant was entitled to a charge under article 877 of the Penal Code. He should have been tried under thi......
  • Stein v. State
    • United States
    • Texas Court of Criminal Appeals
    • 3 February 1937
    ...See, also, Dowdy v. State (Tex.Cr.App.) 64 S.W. 253, and Goodwyn v. State (Tex.Cr.App.) 64 S. W. 251. We quote from Malz v. State, 36 Tex.Cr.R. 447, 451, 34 S.W. 267, 37 S.W. 748, as "The contention of the appellant is that the indictment — which in this case alleges, among other things, a ......
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