Simon v. State

HAWKINS, Judge.

Appellant entered a plea of guilty to forgery, making application for suspended sentence. He was awarded two years in the penitentiary, suspended sentence being denied. No attack had been made upon the indictment previous to trial, but by motion in arrest of judgment it was assailed upon the ground that the instrument alleged to have been forged is not the subject of forgery without innuendo averments. The instrument described in the indictment reads:

“Carthage, Texas ly2

Guaranty State Bank, pay to the order of Cash................

$15.00…