Barton v. State

MORRISON, Judge.

The offense is forgery; the punishment, two years.

At the outset, we observe that there were at least three material variances between the indictment and the purportedly forged instrument which was introduced in evidence. The trial court overruled the objection to the introduction of the instrument and later declined to withdraw it from the jury’s consideration. In this he fell into error. Recently, in Williams v. State, 164 Texas Cr. Rep. 545, 301 S.W. 2d 107, we said:

“Where the instrument alleged to be forged is set out in the indictment according to its tenor the writing…