Donald v. State

ON MOTION FOR REHEARING

MORRISON, Presiding Judge.

Upon further study, we find that the question here presented is not one of first impression. In Hickman v. State, 44 Texas Crim. Rep. 533, 72 S.W. 587, Presiding Judge Davidson, speaking for the court in 1903, in reversing the conviction, said:

“The indictment charges that appellant, on the 2d day of July, 1902 forged the following instrument:

“ ‘Wichita Falls, Texas, July 2, 1892. No______________

“ ‘The Panhandle National Bank of Wichita Falls,

“ ‘Pay to R. H. Smith or Bearer Seven________Dollars $7.00.

“ ‘Boney Mclntire.’

“The indictment contains…