Overly v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bexar. Tried below before Hon. Egbert B. Green. This appeal is from a conviction for forgery of a railroad ticket, wherein the punishment is assessed at two years’ imprisonment in the penitentiary. The allegations of the indictment are sufficiently set forth in the opinion, and the essential features of the case are also stated.
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Appeal from the District Court of Bexar. Tried below before Hon. Egbert B. Green. This appeal is from a conviction for forgery of a railroad ticket, wherein the punishment is assessed at two years’ imprisonment in the penitentiary. The allegations of the indictment are sufficiently set forth in the opinion, and the essential features of the case are also stated. Defendant’s motion in arrest of judgment, which the court overruled, was as follows: “1. That the indictment under which defendant was tried was indefinite and wholly defective, in that it charged defendant with the execution of a…
1Opinion of the Court
HENDERSON, Judge.
The appellant in this case was tried under an indictment charging him with forgery. He was convicted and his punishment assessed at two years’ confinement in the State penitentiary; and from the judgment and sentence of the lower court he prosecutes this appeal.
The appellant insists, that there is a fatal variance between the purport and tenor clauses of the indictment. This question is presented in a motion in arrest of judgment, which was overruled by the court, and to which action of the court the appellant excepted, and also in the introduction of evidence. The appellant…
2Cited by9 opinions
- Hoovel v. StateCourt of Criminal Appeals of Texas · 1934
- Mount v. StateCourt of Criminal Appeals of Texas · 1958
- Feeney v. StateCourt of Criminal Appeals of Texas · 1910
- Robinson v. StateCourt of Criminal Appeals of Texas · 1895
- Baringer v. Kaufman's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1941
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