Fisher v. State

Theodore T. Fisher was convicted by a Jefferson County jury of possession of a forged instrument in the second degree and sentenced to the minimum of 15 years' imprisonment in the penitentiary under the Habitual Felony Offenders Act. On appeal he assigns two errors.

I

Appellant first contends that the court erred in denying his oral motion to quash the indictment on the grounds that the indictment was at variance with the facts. The appellant claims he has no middle name or initial but the indictment charged "Theodore T. Fisher". On July 31, 1981, approximately 6 months before the trial date,…