# Dupuy v. State

> Court of Criminal Appeals of Texas · June 22, 1938 · 135 Tex. Crim. 595

URL: https://www.frixlaw.com/law-library/cases/3944763

## Case

- **Full name:** Harry Dupuy v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 22, 1938
- **Citations:** 135 Tex. Crim. 595; 121 S.W.2d 1003; 1938 Tex. Crim. App. LEXIS 829
- **Precedential status:** Published
- **Opinion:** Addendum by Graves
- **Judges:** Graves, Christian
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3944763

## Opinion text

ON MOTION FOR REHEARING.
Graves, Judge.
Appellant was heretofore charged under Article 1534, P. C., as an agent of an .incorporated company, and that-he embezzled and misapplied moneys without the consent of the officers of such institution. This cause, reported in 132 Texas Crim. Rep. 539 , 106 S. W. (2d) 287 , was reversed and remanded because of our holding that appellant was indicted under an improper statute, that is, under Article 1534, P. C. That the consent of such trustees for the taking of such money would have availed him nothing, since they had no power to thus consent. This present indictment is based on another statute which denounces the misapplication of public moneys. We think he was thus properly charged. Independent school districts are a portion of the government, and as such they are exercising a governmental function. See Dupuy v. State, 132 Texas Crim. Rep. 539 , 106 S. W. (2d) 288 , and authorities there cited.
We have again carefully gone over the record, and we think the original opinion herein has correctly decided the matters presented, and the motion for a rehearing is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3944763. Public record. Not legal advice.