
    Ralph King v. State
    No. 32,887.
    March 29, 1961
    WOODLEY, Presiding Judge, absent.
    
      Chas. H. Dean, Plainview, for appellant.
    
      Leon Douglas, State’s Attorney, Austin, for the state.
   ON MOTION FOR REHEARING

MORRISON, Judge.

Our prior opinion is withdrawn.

The offense is embezzlement; the punishment, 2 years.

The indictment in this case is fatally defective because it fails to allege the ownership of the funds which were embezzled. This is a matter of substance and may be raised at any time. See Ryan v. State, 76 Tex. Cr. Rep. 510,176 S. W. 49; Osborne v. State, 93 Tex. Cr. Rep. 54, 245 S. W. 928; and Martin v. State, 162 S. W. 2d 722.

For the defect pointed out, the judgment is reversed and the prosecution is ordered dismissed.  