Smith v. State

CHRISTIAN, Judge.

The offense is passing a forged instrument; the punishment, confinement in the penitentiary for five years.

The check upon which the indictment is predicated was made payable to Floyd Smith, It is signed: “Smith Drilling Contractor, by F. E. Smith.” The sufficiency of the indictment is attacked upon the ground that it is made apparent from the averments thereof that the appellant went by the name of both Floyd Smith and F. E. Smith, and that the instrument described was signed with one of these names; that it therefore appears from the averments of the indictment that the…