Peoples v. State

OPINION

GREEN, Commissioner.

These appeals are from judgments of conviction for forgery by passing. Punishment was assessed at ten years in each case. We find that the record contains fundamental error which we should review in the interest of justice. See Art. 40.09, Sec. 13, V.A. C.C.P.; Windham v. State, Tex.Cr.App., 530 S.W.2d 111; Harris v. State, Tex.Cr.App., 522 S.W.2d 199; Perez v. State, Tex.Cr.App., 537 S.W.2d 455.

The indictment in Cause No. 52,361 alleged that on or about April 19, 1975 in Webb County, appellant, acting with James Floyd Metzger, Jean Ann Cude, and Michael Lewis…