Legal Opinion

Duncan v. State

Court of Criminal Appeals of Texas

Decided January 4, 1922No. 6549PublishedCited by 8 opinions

Appeal from the District Court of Fayette. Tried below before the Honorable M. C. Jeffrey. Appeal from a conviction of passing a forged instrument; penalty, two years imprisonment in the penitentiary. The opinion states the case. On question of intent to defraud, etc., Whitmire v. State, 156 S. W. Rep., 1179; McKay v. State, 32 Texas Crim. Rep., 233; Fench v. State, 60 id., 432. Cited cases in opinion.

1Opinion of the Court

LATTIMORE, Judge.

Appellant was convicted in the District Court of Fayette County of passing a forged instrument, and' his punishment fixed at two years in the penitentiary.

Appellant’s motion to quash the indictment was because of the fact that the instrument alleged to have been passed by him was without other date than 191 — . In Bales v. State, 13 Texas Crim. App., 657, and Dixon v. State, 26 S. W. Rep., 501, we held this offense complete even though the alleged forged instrument bore no date. We think this correct, and that the motion was properly overruled.

Joel Weikel was a clerk for John…

2Cases cited10 opinions

  1. Martin v. StateCourt of Criminal Appeals of Texas · 1909
  2. Strang v. StateCourt of Criminal Appeals of Texas · 1893
  3. Howard v. StateCourt of Criminal Appeals of Texas · 1895
  4. Feeney v. StateCourt of Criminal Appeals of Texas · 1910
  5. Beer v. StateCourt of Criminal Appeals of Texas · 1901

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Pinkerton v. StateCourt of Criminal Appeals of Texas · 1922
  2. Copeland v. StateCourt of Criminal Appeals of Texas · 1923
  3. Monroe v. StateCourt of Criminal Appeals of Texas · 1928
  4. Ritter v. StateCourt of Criminal Appeals of Texas · 1922
  5. Fleming v. StateCourt of Criminal Appeals of Texas · 1930

3 more not listed; retrieve them via the Exa API.

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