Legal Opinion

Dunlap v. State

Court of Criminal Appeals of Texas

Decided February 10, 1960No. 31442PublishedCited by 12 opinions

1Opinion of the CourtWoodley, Judge

The offense is forgery; the punishment, enhanced under Art. 63 P.C., life.

The indictment alleged that Elmer J. Dunlap, with intent to injure and defraud, made a false instrument in writing purporting to be the act of another. The instrument set out according to its tenor reads:

“THE AUSTIN NATIONAL BANK NO_

AUSTIN, TEXAS Dec. 15 1958

PAY TO THE ORDER OF North Lamar Humble $2015

Twenty and 88/100 DOLLARS

Elmer Brooks 413 Hackberry Lane

To sustain these allegations it was necessary that the state prove beyond a reasonable doubt, not only that the check was made with intent to injure and defraud, but…

2Cases cited2 opinions

  1. Carnahan, Alias v. StateCourt of Criminal Appeals of Texas · 1928
  2. Ware v. StateCourt of Criminal Appeals of Texas · 1933

3Cited by12 opinions

  1. Young v. StateCourt of Criminal Appeals of Texas · 1975
  2. Carruth v. StateCourt of Appeals of Texas · 1988
  3. State v. AitkenCourt of Appeals of Washington · 1995
  4. Dunlap v. StateCourt of Criminal Appeals of Texas · 1960
  5. Scott Lee Orson v. State, Texas Court of Appeals, 3rd District (Austin)2005

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