Jones v. State

OPINION

ON STATE’S MOTION FOR REHEARING

ROBERTS, Judge.

On original submission we held that the forgery indictment in this case was fundamentally defective for failing to allege that the appellant passed the check knowing it was forged. We now conclude that this defect is not a fundamental one which may be raised for the first time on appeal.

The pertinent part of our forgery statute, V.T.C.A., Penal Code, Sec. 32.21, reads as follows:

“(a) For purposes of this section:

“(1) ‘Forge’ means:

“(A) to alter, make, complete, execute or authenticate any writing so that it purports:

“(i) to be the act of…