Smith v. State

PRENDERGAST, Judge.

This is an appeal from a conviction for knowingly attempting to pass as true a forged note.

The prosecution was under article 937, P. C., which is: “If any person shall knowingly pass as true, or attempt to pass as true, any such forged instrument in writing as is mentioned and defined in the preceding articles of this chapter, he shall be punished by imprisonment in the penitentiary not less than two nor more than five years.” The indictment was in three counts. The conviction was under the second, which is as follows: That appellant on December 6, 1916, in Dallas County,…