Ferguson v. State

Although I agree that the judgment should be affirmed, I cannot agree with all of the reasoning of the majority opinion.

In his fourth ground of error appellant contends that the indictment is fatally defective because the security set out in the indictment has the word “Copy” written across the face of the security. And, be-, cause the security introduced in evidence did not have this word appearing on it, appellant contends in his third ground of error that there was a fatal variance between the pleading and the proof.

In his argument supporting his fourth ground of error appellant relies…