Thomas v. State

VANCE, Justice.

Appeal is from a conviction for forgery wherein the jury assessed punishment at ten years confinement. Appellant asserts that the State failed to prove the requisite culpable mental state and, therefore, the trial court should have instructed a verdict of not guilty. He also contends that there was a material variance between the indictment and proof. We disagree on both grounds of error and thus affirm.

The record indicates that near the date of December 15, 1978 the complainant, Douglas Skemp, discovered that checks numbered 134 through 151 had been stolen from his business…