Boles v. State
Court of Appeals of Texas
Appeal from the District Court of Stephens. Tried below before the Hon. T. B. Wheeler. The first count in the indictment charged that, in the county of Stephens, State of Texas, on the eighth day of November, 1882, the appellant forged an instrument, which reads as set out in hcec verba as follows: “Mr. Marberry: “SirD Please pay to the barera $56.50 on my acct and oblige “ J. A. Boles. “ W. B. Monroe.” The name of “ J. A. Boles” being an endorsement on the back.
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Appeal from the District Court of Stephens. Tried below before the Hon. T. B. Wheeler. The first count in the indictment charged that, in the county of Stephens, State of Texas, on the eighth day of November, 1882, the appellant forged an instrument, which reads as set out in hcec verba as follows: “Mr. Marberry: “SirD Please pay to the barera $56.50 on my acct and oblige “ J. A. Boles. “ W. B. Monroe.” The name of “ J. A. Boles” being an endorsement on the back. The second count charged an attempt to pass the said instrument upon W. F. Marberry. The verdict of the jury found the defendant…
1Opinion of the CourtWhite, P. J.
Before, the revision of our codes it was permissible in criminal pleading and practice to charge two or more offenses in separate counts of the same indictment; and the further rule was that, when the charges were substantially for the *656same offense, and the several counts were introduced for the purpose of meeting the evidence as it might transpire, the State was not required to elect upon which count to proceed. (Clark’s Crim. Laws of Texas, pp, 422, 426, and notes; Dalton v. The State, 4 Texas Ct. App., 333; see also 1 Archbold’s Crim. Plead, and Prac., 8 ed., pp. 292, 295.)
By the revision…
2Cases cited1 opinion
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