Carberry v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was convicted of forgery by passing and sentenced to two years’ confinement. On appeal to the Corpus Christi Court of Appeals, appellant argued that a fatal variance existed between the check as set forth in the indictment according to its tenor and the check as it was when it was allegedly made and passed by appellant.

Appellant was tried under the first count of a two count indictment which alleged that appellant

“on or about the 3rd day of November, A.D. 1982, and before the presentment of this indictment, in…