Olson v. State

ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Judge.

Our attention is directed to a variance between the instrument set out in the indictment according to its tenor and alleged to have been forged and the instrument offered in evidence as it appeared at the time it was made and passed by appellant at “Randall’s No. 2” in Houston.

The state’s evidence, including the testimony of Mary Heatherman, employee at Randall’s No. 2, and the picture taken of appellant and of the check, shows that the words and figures “Signature not like on file 35-107”, which appear on the instrument set out in the…