Legal Opinion

Preston v. State

Court of Criminal Appeals of Texas

Decided December 21, 1898No. 1875PublishedCited by 4 opinions

The indictment charged that appellant, in Atascosa County, on the 23d of January, 1894, did fraudulently utter, etc., a false and forged instrument purporting to be the act of W. P. Felps; that defendant knew that the instrument was false and forged, and that said instrument related to and affected the title to land in the State of Texas.

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The indictment charged that appellant, in Atascosa County, on the 23d of January, 1894, did fraudulently utter, etc., a false and forged instrument purporting to be the act of W. P. Felps; that defendant knew that the instrument was false and forged, and that said instrument related to and affected the title to land in the State of Texas. The deed, which was set out, purported to have been executed in the city of San Antonio on the 37th day of January, 1893, by W. P. Felps to W. M. Burke, and purported to convey 160 acres of land situate in Atascosa County, Texas. The acknowledgment of Felps…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of forgery, and his punishment assessed at confinement in the penitentiary for a term of five years. The indictment was for uttering an alleged forged deed to 160 acres of land in Atascosa County, by tendering said deed to the county clerk of said county for record. Appellant complains because the court admitted in evidence a deed from W. M. Burke to John W. Preston, on the ground that the execution of said deed was not in issue, and was irrelevant and immaterial, and, in connection with said deed, in admitting also the evidence of Burke, Nicholson,…

2Cited by4 opinions

  1. State v. BlodgettSupreme Court of Iowa · 1909
  2. Commonwealth v. LeilbSuperior Court of Pennsylvania · 1921
  3. Fletcher v. StateCourt of Criminal Appeals of Texas · 1968
  4. Anderson v. StateCourt of Criminal Appeals of Texas · 1924

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