Legal Opinion

McCay v. State

Court of Criminal Appeals of Texas

Decided June 3, 1893No. 14PublishedCited by 8 opinions

Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. The indictment charged appellant and one Henry D. Kone jointly, in the first count, with the forgery of a note for $4200 in the name of S. R. Kone; and in a second count, with altering and passing said forged instrument.

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Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. The indictment charged appellant and one Henry D. Kone jointly, in the first count, with the forgery of a note for $4200 in the name of S. R. Kone; and in a second count, with altering and passing said forged instrument. When called for trial, the case was continued as to the codefendant, Kone, and appellant was alone placed upon trial, which trial resulted in his conviction for forgery, as charged in the first count in the indictment, with his punishment assessed at three years in the penitentiary. The following…

1Opinion of the Court

Appellant was convicted of the offense of forgery, and his punishment assessed at three years in the penitentiary, from which he appeals.

1. The appellant complains, that the court erred in the tenth paragraph of his charge, to the effect, that if the jury believed from the evidence that defendant signed the name of S.R. Kone to the note under an authority which he had good reason to believe, and actually did believe, to be sufficient, then defendant would not be guilty, upon the ground that the court required them to believe that defendant thought he had authority before they could acquit…

2Cited by8 opinions

  1. Bradley v. StateCourt of Criminal Appeals of Oklahoma · 1937
  2. Furr v. StateCourt of Criminal Appeals of Texas · 1917
  3. McGuire v. StateCourt of Appeals of Texas · 1986
  4. Jones v. StateCourt of Criminal Appeals of Texas · 1965
  5. Carlton v. StateCourt of Criminal Appeals of Texas · 1910

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