Hurd v. State

LATTIMORE, Judge.

Appellant was convicted in the district court of Kaufman, county of forgery, and his punishment fixed at two years in the penitentiary.

We do not think this case one of circumstantial evidence. Mr. Yates swore that appellant admitted to him that he signed the alleged forged check, and that' he claimed his name was Odis Rhodes. We think the complaint that the court did not charge on alibi is not sustained by the record. That theory was submitted in the charge.

Appellant excepted to the court’s charge because it did not instruct the jury to return a verdict of not guilty because…