Gibbons v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Montague. Tried below before Hon. D. E. Barrett. Appeal from a conviction for forgery; penalty, two years’ imprisonment in the penitentiary. No statement necessary.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of forgery; and given a term of two years in the penitentiary; hence this appeal. The purport clause of the indictment charges the forgery to he the act of E. B. Dixon. The instrument is set out by its tenor, and shows that the note wTas signed by J. W. Gibbons, L. Brown, E. B. Dixon, and Hiram ITtt. Motion was made in arrest of judgment because of this variance between the purport and tenor clauses of the indictment. There was no necessity for the indictment to have charged the purport clause. See, Westbrook v. State, 23 Tex. Crim. App., 401. When it…
2Cited by6 opinions
- Watts v. StateCourt of Criminal Appeals of Texas · 1942
- Mayers v. StateCourt of Criminal Appeals of Texas · 1905
- Thulemeyer v. StateCourt of Criminal Appeals of Texas · 1897
- Tracy v. StateCourt of Criminal Appeals of Texas · 1905
- Lon, Alias Ike Crayton v. StateCourt of Criminal Appeals of Texas · 1903
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