Fry v. State

The indictment in the first count charged forgery, and in the second passing a forged instrument. The count charging the passing was alone submitted to the jury. So the forgery count passed out, and upon which in future trials he will stand acquitted.

There are a great many bills of exception reserved to the introduction of testimony, and several exceptions properly pointed out errors in the court's charge. The State seems to rely upon the case of Fry v. State, 78 Tex.Crim. Rep.. There is a marked distinction between that and the present case. That opinion recites in quotation an agreement as…