Champion v. State

DISSENTING OPINION.

MORROW, Presiding Judge.

— Passing a forged instrument is the offense; punishment fixed at confinement in the penitentiary for a period of two years.

From the motion for new trial and the evidence heard thereunder, it is disclosed that the jury returned into open court a verdict in the following language:

“We, the jury, find the defendant Hillis Champion, guilty of passing a forged instrument in writing as charged in the second count in the indictment and we assess his punishment at two years in the penitentiary and recommend a suspended sentence.

M. F. Goode, Foreman.”

An…