Legal Opinion

Taylor v. State

Court of Criminal Appeals of Texas

Decided June 25, 1904No. 2757PublishedCited by 7 opinions

The following is the second count of the indictment upon which the case was submitted; the first count charged the appellant with the false, willful and fraudulent making of the identical instrument set out in the second count: “And the grand jurors aforesaid, upon their oaths aforesaid, do further present in and to said court, that B. B. Taylor, on or about the 17th day of April, 1901, in the county of Bexar and .State of Texas, did willfully, knowingly and fraudulently…

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The following is the second count of the indictment upon which the case was submitted; the first count charged the appellant with the false, willful and fraudulent making of the identical instrument set out in the second count: “And the grand jurors aforesaid, upon their oaths aforesaid, do further present in and to said court, that B. B. Taylor, on or about the 17th day of April, 1901, in the county of Bexar and .State of Texas, did willfully, knowingly and fraudulently pass as true to one Miss Ella Felder, a false and forged instrument in writing, which had theretofore been made without…

1Opinion of the Court

EBOOKS, Judge.

Appellant was convicted under the second count of the indictment, for passing as true a forged instrument; his punishment being assessed at confinement in the penitentiary for a term of five years.

Appellant insists that the second count of the indictment mentions only one instrument as a forgery, and in no way identifies or describes it, while the tenor clause sets out two distinct instruments, each capable of being forged; and thex-e is no innuendo clause pointing out the one to be relied on, and no election by the State. The tenor clause shows an indorsement on the note, and…

2Cases cited4 opinions

  1. Williams v. StateCourt of Criminal Appeals of Texas · 1897
  2. Malz v. StateCourt of Criminal Appeals of Texas · 1896
  3. Mason v. StateCourt of Criminal Appeals of Texas · 1892
  4. Strang v. StateCourt of Criminal Appeals of Texas · 1893

3Cited by7 opinions

  1. People v. SindiciCalifornia Court of Appeal · 1921
  2. Fry v. StateCourt of Criminal Appeals of Texas · 1916
  3. Conklin v. StateCourt of Criminal Appeals of Texas · 1942
  4. Warren v. StateCourt of Criminal Appeals of Texas · 1912
  5. Carden v. StateCourt of Criminal Appeals of Texas · 1911

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