Davis v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Harris. Tried below before Hon. E. D. Gavin. This appeal is from a conviction for passing a forged instrument, the punishment being assessed at two years in the penitentiary. The forged instrument was as follows: “Ho. 374. “Houston, Texas, July 18, 1894. “ Planters and Mechanics National Bank: “Pay to Walter E. Davis, or bearer, $15 (fifteen dollars). [Signed] “C. Eisman.”
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Appeal from the Criminal District Court of Harris. Tried below before Hon. E. D. Gavin. This appeal is from a conviction for passing a forged instrument, the punishment being assessed at two years in the penitentiary. The forged instrument was as follows: “Ho. 374. “Houston, Texas, July 18, 1894. “ Planters and Mechanics National Bank: “Pay to Walter E. Davis, or bearer, $15 (fifteen dollars). [Signed] “C. Eisman.” The facts attendant upon the passing of said instrument are sufficiently stated in the opinion. Defendant excepted to that portion of the charge of the court set out in paragraph 2…
1Opinion of the Court
DAVIDSOH, Judge.
Appellant was convicted of passing a forged instrument in writing—a check—which purported to have been executed by 0. Bisman in favor of appellant. He passed the check to W. P. Seibert, stating at the time that Dock Bison (C. D. Bison) had given it to him. Seibert cashed the check for the amount called for upon its face. Bison did not execute it, nor authorize its execution, and this the appellant knew. Appellant’s representations in regard to the check were false, and there was no contradiction in the testimony upon this point. Bisman was, under the facts, a fictitious…
2Cases cited1 opinion
- Brewer v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by6 opinions
- Spicer v. StateCourt of Criminal Appeals of Texas · 1907
- Feeney v. StateCourt of Criminal Appeals of Texas · 1910
- Carter v. StateCourt of Criminal Appeals of Texas · 1911
- Boswell v. StateCourt of Criminal Appeals of Texas · 1910
- Cobb v. StateCourt of Criminal Appeals of Texas · 1926
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