Burks v. State

DAVIDSON, Presiding Judge.

The indictment contains two counts, one for forgery and the other for passing a forged instrument. Both counts were submitted to the jury and they convicted under the second count, for passing the instrument.

It is contended the evidence does not show that appellant passed but only attempted to pass the instrument. Without discussing that question we pass to another question. The instrument declared on is as follows.

“Waco, Texas, April 8, 1920 No-------

The First National Bank 88-106 of Corsicana

Pay to Willie Burks or bearer----$9.20

Nine dollars twenty cts. Dollars.

on…