Gammill v. State

MORROW, Presiding Judge.

— The conviction is for passing a forged instrument; penalty assessed at confinement in the penitentiary for five years.

The count of the indictment upon which the verdict is based alleges that the appellant “did then and there knowingly * * * pass as true to Kathleen Coe a forged instrument in writing of the tenor following:

The effect of the above allegation is to charge that the name of “J. W. Shaw” was the forgery. If it was the purpose of the State to charge that the endorsement was the forgery, then it was necessary that the indictment contain an averment to that…