Spencer v. State

SHANNON, Chief Justice.

Charles James Spencer appeals from a judgment of conviction for possession of a forged check with an intent to pass. The judgment was rendered after a jury trial in the district court of Caldwell County. Punishment was assessed at imprisonment for three years and a $354.00 fine, but, upon recommendation by the jury, imposition of sentence was suspended and appellant was placed on probation. This Court will reverse the judgment of conviction.

Spencer complains that the district court erred in refusing to submit his tendered instruction concerning his failure to testify at…