Stephens v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Montague. Tried below before Hon. D. E. Barrett. Appeal from a conviction for forgery; penalty, two years’ imprisonment in the penitentiary. A motion for new trial and in arrest of judgment on account of the fatal variance between the purport and tenor clauses of the indictment was overruled in the trial court.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted 'Of forgery, and given two years in the penitentiary, and prosecutes this appeal. The indictment is in two counts—one for forgery, and the second for passing the same forged instrument. On the trial the court submitted only the first count. This was tantamount to an election by the State to rely upon the first count, and a dismissal as to the second. See, Parks v. State, 29 Tex. Crim. App., 597. Omitting the formal parts, with reference to the offense of forgery, the indictment is as follows: That appellant, “without lawful authority, and with intent to…
2Cited by13 opinions
- Blackwell v. StateCourt of Criminal Appeals of Texas · 1907
- Garza v. StateCourt of Criminal Appeals of Texas · 1982
- Hunt v. StateCourt of Criminal Appeals of Texas · 1933
- Hampton v. StateCourt of Criminal Appeals of Texas · 1924
- Mayers v. StateCourt of Criminal Appeals of Texas · 1905
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