McCaleb v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

McDONALD, Presiding Judge.

Our prior opinion affirming the conviction is withdrawn.

The offense is giving a worthless check; the punishment, two years confinement in the Texas Department of Corrections.

The record shows that appellant delivered a check to Raymond G. Parker on or about December 1, 1964. When presented to the bank upon which it was drawn, the check was returned unpaid with the notation: “Acct. closed.”

On January 6, 1965, Richard H. Parker filed complaint alleging under oath that the check was delivered to Raymond G. Parker with intent to…