# Fleming v. State

> Court of Criminal Appeals of Texas · June 23, 1911 · 139 S.W. 598

URL: https://www.frixlaw.com/law-library/cases/4996116

## Case

- **Full name:** FLEMING v. STATE
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 23, 1911
- **Citations:** 139 S.W. 598
- **Precedential status:** Published
- **Opinion:** Concurrence by Harper
- **Judges:** Davidson, Harper, Prendergast, Prenderoast
- **Cited by:** 16 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/4996116

## Opinion text

HARPER, J.
(concurring). I agree that this case should be reversed and dismissed on the grounds of defects in the indictment and the error of the court in defining insolvency. The law in respect to insolvency is as laid down by Judge DAVIDSON in this opinion. The opinion not having been written until to-day (the day of adjournment), I have not had opportunity to investigate the record, nor other questions discussed in the opinion in this case; but, inasmuch as the case must be dismissed because of defects in the indictment, and for that reason the other questions are not essential to a disposition of the case, I do not think the opinion should be longer delayed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4996116. Public record. Not legal advice.