Smiley v. State

HABPEB, Judge.

Appellant was convicted of attempting to pass a forged instrument, and his punishment assessed at two years confinement in the State penitentiary.

There are but three bills of exception in the record—two of them relating to the witness Arthur Burks, who testified he forged the check; that appellant saw him do so and agreed to get it cashed, when they would divide the proceeds.

Joe Brodkey testified appellant came to his store and attempted to pass the check on him.

On cross-examination of Arthur Burks appellant asked him if he had ever been to the penitentiary, and the witness…