Garner v. State

HAWKINS, Judge. —

Unlawfully passing a forged check is the offense of which appellant stands convicted. Punishment is fixed at confinement in the penitentiary for two years.

The indictment contained three counts. The first charged forgery, the second charged that appellant knowingly passed as true a forged instrument, and the third charged that he knowingly had a forged instrument in his possession. The second count alone was submitted. In a motion in arrest of judgment this count was attacked upon the ground that it was duplicitous. Said count charged that appellant did unlawfully and…