L. D. Kirkpatrick v. State Texas

Appellants first contention is that the evidence is insufficient to support the conviction because it was not shown that the appellant converted the $3.00 described in the indictment to his own use and benefit. The indictment charged basically that on or about October 15, 1970, the appellant, as Justice of the Peace, converted $3.00 belonging to Bexar County. The court charged the jury that the date alleged could mean any date between June 22, 1969, and June 21, 1972. The States evidence showed and the appellant admitted that he failed to account to the county for a total of $1594.00 which he had collected from individual defendants as fines in criminal cases during the said period of time set out in the courts charge. Such monies were withheld for up to 14 months in appellants bank account while appellant was periodically turning over a portion of the funds collected to the county and falsely reporting that these were all the monies collected. Only when an audit was instituted and appellant was called to account did he pay the county the $1594.00 due. We hold that the unauthorized retention by the appellant of this money due the county is sufficient evidence to support the jurys verdict that the appellant converted these funds to his own use. See Vernon v. State, 170 Tex. Crim. 150, 338 S.W.2d 728; Mayse v. State, 156 Tex. Crim. 360, 242 S.W.2d 371. The State was not limited to the showing of $3.00 as being the subject of conversion. Mayse v. State, supra; Kugle v. State, 124 Tex. Crim. 550, 64 S.W.2d 961.