Phillips v. State

OPINION

MORRISON, Judge.

The offense is passing as true a forged instrument; the punishment, three (3) years.

On December 28, 1968, appellant presented a check to United Supermarket cashier June Tucker, who showed it to Store Manager Charles Soehngen before she cashed it. The check was payable to Dale Cray-ton and signed by Larry Houser.

Appellant’s first ground of error arises out of the absence of his counsel at a line-up. Witness Tucker identified the appellant, without objection, as the person who passed the check in question to her. On cross-examination she stated that sometime after the…