Legal Opinion

Brewer v. State

Court of Criminal Appeals of Texas

Decided April 22, 1893No. 141PublishedCited by 6 opinions

Appellant was indicted for forgery of an instrument alleged to be the purported act of one C. F. Hathaway. The instrument alleged to have been forged was a check, drawn the 13th day of January, 1892, in favor of the defendant, or bearer, for $35, on the City National Bank. At his trial defendant was convicted, and his punishment assessed at three years confinement in the penitentiary.

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Appellant was indicted for forgery of an instrument alleged to be the purported act of one C. F. Hathaway. The instrument alleged to have been forged was a check, drawn the 13th day of January, 1892, in favor of the defendant, or bearer, for $35, on the City National Bank. At his trial defendant was convicted, and his punishment assessed at three years confinement in the penitentiary. The testimony shows, that C. F. Hathaway, the purported drawer of said check, was dead, and had been dead about two months at the time of the date of the check. Sam Dickson testified: I am assistant cashier of…

1Opinion of the Court

DAVIDSON, Judge.

Omitting preceding portions, the indictment charges, that “ Henry Brewer * * * did then and there unlawfully and without lawful authority, and with intent to defraud, did willfully and fraudulently make a false instrument in writing purporting to be the act of another, to-wit, the act of C. F. Hathaway, which said false and forged instrument is to the tenor following: ‘ Paris, Texas, January 13, 1892. Number 2. The City National Bank: Pay to Hury (meaning Henry) Brewer, or bearer, 35 dollars. C. F. Hathaway (meaning Hathaway.)’”

■ 1. It is contended, inasmuch as Hathaway was…

2Cases cited3 opinions

  1. City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
  2. Henderson v. StateTexas Supreme Court · 1855
  3. People v. KrummerSuperior Court of Buffalo · 1854

3Cited by6 opinions

  1. Feeny v. StateCourt of Criminal Appeals of Texas · 1911
  2. Chambers v. StateCourt of Appeals of Georgia · 1918
  3. Hocker v. StateCourt of Criminal Appeals of Texas · 1895
  4. Davis v. StateCourt of Criminal Appeals of Texas · 1895
  5. Cheesebourge v. StateCourt of Criminal Appeals of Texas · 1913

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