Acuff v. State

OPINION

BELCHER, Judge.

The conviction is for passing as true a forged instrument; the punishment, five years.

The instrument set out in the indictment is a check drawn on The Waggoner National Bank, signed by O. H. Edwards as maker in the sum of $155.00, payable to the order of D. F. Clough, and upon the face of which is the word “forged.”

In considering a similar case in Payne v. State, 391 S.W.2d 53, this court said:

‘ Appellant correctly, we think, contends that the instrument set out in the indictment could not be the subject of forgery or of passing a forged instrument because it shows on…