Rollins v. State
Court of Appeals of Texas
Appeal from the District Court of Collin. Tried below before the Hon. R. Maltbie. The conviction in this case was for the forgery of an order, purporting to be the act of one George Eller, in Collin county, Texas, on the third day of July, 1885. A term of two years in the penitentiary was the penalty assessed by the verdict. P. B. Hatcher was the first witness for the State.
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Appeal from the District Court of Collin. Tried below before the Hon. R. Maltbie. The conviction in this case was for the forgery of an order, purporting to be the act of one George Eller, in Collin county, Texas, on the third day of July, 1885. A term of two years in the penitentiary was the penalty assessed by the verdict. P. B. Hatcher was the first witness for the State. He testified that he was engaged in the mercantile business in the town of Weston, Collin county, Texas. On the third day of July, 1885, the defendant brought to the witness’s store an order purporting to have been drawn…
1Opinion of the Court
Hurt, Judge.
This is a conviction for forgery. The indictment charges the defendant with the forgery of a certain order purporting to be the act of George Eller. It is also alleged in the indictment that the order “is in the possession of defendant, or is lost, or destroyed, and that access to the same can not be had by them ” (the grand jury).
Upon the trial the' State, over the objection of defendant, proved by parol evidence the contents of the order. It is insisted by the appellant that before secondary evidence could be resorted to the defendant should have been notified to produce the…
2Cited by4 opinions
- Adams v. State, Texas Court of Appeals, 5th District (Dallas)1998
- Harris v. StateCourt of Criminal Appeals of Texas · 1947
- Meredith v. StateCourt of Criminal Appeals of Texas · 1914
- Kacy v. StateCourt of Criminal Appeals of Texas · 1932