Shipp v. State

OPINION

in which KEASLER, HERVEY and COCHRAN, JJ., joined.

The appellant was indicted for the offense of forgery under Section 32.21 of the Texas Penal Code.1 Because the jury found that the counterfeit writing he passed, a *434purported store receipt, constituted a “commercial instrument,” it convicted him of a state jail felony under Section 32.21(d).2 The Sixth Court of Appeals found the evidence insufficient to support conviction for a state jail felony, however, holding that there was no evidence to show that a store receipt constitutes a “commercial instrument” in contemplation of the…