Walton v. State

PAUL PRESSLER, Justice.

This is an appeal from a conviction of forgery. The jury assessed punishment at ten years confinement. Appellant alleges two grounds of error. We sustain appellant’s first ground of error and reverse.

In his first ground of error, appellant contends that there is a fatal variance between the document which the indictment alleged was forged and the document proven at the trial as State’s Exhibit One. The appellant argues that the following are fatal variances:

1. The indictment alleges that the check was signed “J.O. Gould”, while State’s Exhibit 1 shows the signature was…