Ex parte Sampson

OPINION

W.C. DAVIS, Judge.

This is an application for writ of habeas corpus pursuant to Art. 11.07, V.A.C.C.P. Applicant was convicted of forgery. He now contends his indictment was fundamentally defective for failure to allege that the purported maker of the forged instrument did not authorize applicant’s act.

Applicant relies upon cases which arose under the present penal code, but the instant case arises under the former penal code, Art. 996, which denounced forgery by passing.

Forgery cases which arise under V.A. T.S., Penal Code, Sec. 32.21 require an allegation that the purported maker did…