Smith v. State

HARPER, Judge.

The indictment against appellant contained two counts, one charging him with forgery and the other with passing a forged instrument. When tried he was found guilty under the second count in the indictment, the one charging him with passing a forged instrument, and his punishment assessed at two years confinement in the penitentiary.

In the first count in the indictment, a motion to quash the indictment would show it charged that appellant did make a false instrument in writing, purporting to be the act of Bobert Lundell, while the alleged false instrument is set forth in the…