Opinion
No. 32887.
March 29, 1961.
Appeal from the 64th Judicial District Court, Hale County, H. M. LaFont, J.
Chas. H. Dean, Plainview, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
Our prior opinion is withdrawn.
The offense is embezzlement; the punishment, 2 years.
The indictment in this case is fatally defective because it fails to allege the ownership of the funds which were empezzled. This is a matter of substance and may be raised at any time. See Ryan v. State, 76 Tex.Crim. R., 176 S.W. 49; Osborne v. State, 93 Tex.Crim. R., 245 S.W. 928; and Martin v. State, 144 Tax.Cr.R. 313, 162 S.W.2d 722.
For the defect pointed out, the judgment is reversed and the prosecution is ordered dismissed.
WOODLEY, P. J., absent.