McClellan v. State

ON MOTION FOR REHEARING

KEITH, Justice (Retired).

Our prior opinion is withdrawn and this opinion is substituted in lieu thereof.

The appellant was convicted by the jury of forgery under the provisions of Tex.Pen. Code Ann. § 32.21(a)(l)(A)(iii) (1974), by passing a deed of trust as true “when no such original existed.” The court fixed his punishment at confinement for ten years, probated. We affirm.

Appellant was a licensed attorney at law and had been engaged in law practice for many years before the incident forming the basis for this charge occurred. Appellant had sought a loan, to be secured…