Morris v. State
Court of Appeals of Texas
. Appeal from the District Court of Bexar. Tried below before the Hon. G. H. Noonan. Appellant was charged with the forgery of a telegraphic dispatch purporting to be the act of the Indiana National Bank, and to have been addressed to the Traders’ National Bank, San Antonio, requesting the latter bank to honor W. F. Morrison’s draft on the former for $2,500. The appellant was found guilty, and a term of six years in the penitentiary was assessed as his punishment.
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. Appeal from the District Court of Bexar. Tried below before the Hon. G. H. Noonan. Appellant was charged with the forgery of a telegraphic dispatch purporting to be the act of the Indiana National Bank, and to have been addressed to the Traders’ National Bank, San Antonio, requesting the latter bank to honor W. F. Morrison’s draft on the former for $2,500. The appellant was found guilty, and a term of six years in the penitentiary was assessed as his punishment. A new trial being refused him, he appealed. The charging part of the indictment is as follows: “ That W. F. Morris, on the…
1Opinion of the Court
White, Presiding Judge.
“An indictment for forgery need not charge that the forged instrument, if true, would create, increase, diminish, discharge or defeat any pecuniary obligation,” etc. This is the doctrine as broadly announced in Horton v. The State, 32 *667Texas, 79. The true rule is that “ it is an indispensable element in the crime of forgery that the forged paper must be such that, if genuine, it may injure another, and it must appear from the indictment that it is legally of such a character, either from a recital or description of the instrument itself, or, if that alone does not show…
2Cases cited1 opinion
- Horton v. StateTexas Supreme Court · 1869