Legal Opinion

Rollins v. State

Court of Appeals of Texas

Decided December 8, 1886No. 2213PublishedCited by 3 opinions

Appeal from the District Court of Collin. Tried below before the Hon. R. Maltbie. The conviction was for forgery, and the penalty assessed was a term of two years in the penitentiary. J. S. B. Appollas, the senior member of the firm of Appollas & Halsal, merchants at Weston, Collin county, Texas, testified, for the State, that the defendant presented the order described in the indictment, and asked for goods on the same.

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Appeal from the District Court of Collin. Tried below before the Hon. R. Maltbie. The conviction was for forgery, and the penalty assessed was a term of two years in the penitentiary. J. S. B. Appollas, the senior member of the firm of Appollas & Halsal, merchants at Weston, Collin county, Texas, testified, for the State, that the defendant presented the order described in the indictment, and asked for goods on the same. Explaining the said order to witness, he said that the order called for four dollars in goods, and that the same was written by Mr. Joel Eller in person, in his presence and…

1Opinion of the Court

Hurt, Judge.

The appellant was convicted for forging the following order addressed to Apollas & Halsal, and purporting to have been drawn by Joel Eller.

“July 3, 1885
“Apolas & Halsal, please let Mr. G. B. Rollins Have 4$00d. in goods, and oblige. Charge to me.
“Joel E3ler.”

Appellant relies upon three propositions for a reversal of the judgment. 1. The indictment should have been quashed because it did not set out an instrument upon which forgery could be assigned. 2. The court erred in permitting a witness to explain or construe the instrument alleged to have been forged. That the instrument as…

2Cases cited1 opinion

  1. People v. HarrisonNew York Supreme Court · 1850

3Cited by3 opinions

  1. Payne v. StateCourt of Criminal Appeals of Texas · 1965
  2. Acuff v. StateCourt of Criminal Appeals of Texas · 1968
  3. Rummel v. StateCourt of Criminal Appeals of Texas · 1974

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