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MARTINEZ v. STATE

No. 30900.

325 S.W.2d 145 (1959)

Gregorio MARTINEZ, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 17, 1959.

Attorney(s) appearing for the Case

No attorney on appeal for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is under Art. 567b, Vernon's Ann.P.C., for the giving of a worthless check in the amount of $19; the punishment, a fine of $50.

The failure to allege in the complaint that the check was given with intent to defraud renders it invalid. Hence this conviction is void as shown in Wright v. State, Tex.Crim.App. 324, S.W.2d 883, and the cases there cited.

The judgment is reversed and the prosecution is ordered dismissed...

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