Berry v. State

MORROW, Presiding Judge.

The offense is forgery; punishment fixed at confinement in the penitentiary for a period of two years.

There were two counts in the indictment, one of which charged the forgery of a check, the other the attempted passing of a forged check. In each instance the forgery was of the name of J. W. Craven. The proof relied upon was the making of a check signed L. W. Craven.

The state’s attorney before this court concedes that there is a fatal variance between the evidence and the averment. In proof of this offense, if the alleged forged instrument is available, its…