Robinson v. State

DAVIDSON, Judge.

This is a case of passing a forged check; the punishment, two years in the penitentiary.

The check was described in the indictment, as follows:

“Stephenville, Texas, Oct. 1 1944 No.

THE STEPHENVILLE STATE BANK - 88-357

Pay to John Hill or order $30 355—

30 and 00/100 100 Dollars

John C. Boucher”

It is insisted that such check is susceptible of the construction that the two sums of money set forth therein were in conflict, i. e., “30 and 00/100” and “100 Dollars”, and that innuendo averments were necessary to explain which sum was intended. A motion to quash the indictment because of…