Sobieski v. State (71 S.W.2d 534, 1934)

KRUEGER, Judge.

The appellant was tried and convicted of the offense of conversion of public funds, and his punishment assessed at confinement in the state penitentiary for a term of two years.

The testimony adduced shows that the appellant admitted to the county auditor and also to the county judge of Bexar County, Tex., that he took $8,500 of the county’s money at one time and converted same to his own use and benefit, and by other evidence it is shown that he was short with the county approximately $9,500.

By bill of exception No. 1 the appellant complains of the action of the trial court in overruling his motion to quash the indictment because the indictment was returned by a grand jury impaneled on November 7, 1932, by the judge of the Ninety-Fourth district court in and for Bexar county, Tex., at which time the October term of 1932 of said court was still in session by reason of having been extended in order to complete the trial of a certain criminal case. The appellant’s contention is that the court could not legally have two terms of court o