Tarwater v. State

An information was filed against appellant containing two counts, in the first of which he was charged with the crime of forgery, and, in the second, with having uttered the instrument alleged to have been forged.

At his trial he was found not guilty on the first count, and a mistrial was entered as to the second count, the jury having failed to agree.

Thereafter, by consent, appellant was tried by the court without a jury, upon the second count, pursuant to § 3912, Pope’s Digest, and while the court announced no findings of fact or declarations of law, appellant was adjudged guilty, and given…