
    ALLEN vs. THE STATE.
    Appeal from Palo Pinto county.
    
      Swindling — Indictment.—Presumably the offense attempted to be charged in the information is that of swindling as denounced by article 790 of the Penal Code. It charges in substance, that the appellant promised one Bradford that if he, Bradford, would deliver four certain fish at the house of him, the appellant, he would pay the said Bradford fifty cents for the same ; that the said Bradford did deliver the fish, and that the said lepresentations of the appellant were false. Held, insufficient to charge any offense. To constitute swindling there must have been false representations relating to existing facts or future events. Mere promises or false professions of intention, though acted upon, are not sufficient.
   Reversed and remanded.

Willson, Judge.  