Romines v. State

DAVIDSON, Judge.

This is a conviction under the so-called habitual criminal statute (Art. 63, P. C.), with punishment assessed at life imprisonment in the penitentiary.

The primary offense charged was the noncapital offense of robbery. One of the prior convictions relied upon was described as “the felony of passing a forged instrument.”

*16By motion to quash, the sufficiency of the indictment to charge the prior conviction for the felony offense of passing a forged instrument is challenged, in that the passing of a forged instrument becomes a felony only when “knowingly” done, and in order for an…