Armstrong v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for passing a forged check; the punishment, enhanced by two prior felony convictions, is imprisonment for life.

Appellant contends that there is a fatal variance between the check set out in the indictment according to its tenor and alleged to be a forgery and the check introduced into evidence by the State. The check which appears in the indictment bears the date “2/19/74” and the bank transit number “88-135.” The check which was introduced into evidence bears the date “12/19/74” and the bank transit number “88-1135.”

Where the instrument…