Pitcock v. State

WOODLEY, Judge.

The offense is passing as true a forged instrument; the punishment, five years.

This case was tried jointly with our cause No. 30,708, 324 S.W.2d 866, upon a plea of guilty before the court.

The indictment alleged the passing of a forged draft for $45.32 to Joe Tilbury, signed Leon Morrison. This draft was payable to Foley’s.

Joe Tilbury, employee of Foley’s, did not testify. The testimony of Special Agent Jones that the $45.32 draft was passed to Tilbury in payment for luggage he delivered was hearsay and without probative value. Pitcock v. State, Tex.Cr.App., 324 S.W.2d 866.

The…