Spence v. State

LATTIMORE, Judge.

Conviction for forgery, punishment two years in the penitentiary.

Our attention is challenged at the outset by appellant’s insistence that the alleged forged check was not offered in evidence. Careful scrutiny of the statement of facts makes evident the" soundness of the contention. McBride v. State, 246 S. W. 394. The state contends in its brief that notwithstanding said check does not appear in the statement of facts, that from same it is made to appear that the check was introduced in evidence. We are unable to agree to the statement. The witness Fox— the party to whom the…