Carberry v. State

OPINION

BISSETT, Justice.

This is an appeal from a conviction for forgery by passing. A Hidalgo County jury found appellant Jeffrey David Carber-ry guilty on March 16, 1983, and assessed his punishment at two years in the Texas Department of Corrections.

Appellant now appeals to this Court on two interrelated grounds of error. In his first ground of error, he contends that the trial court erred when it admitted into evidence State’s exhibit number one, because there is a fatal variance between said instrument as set out in the indictment according to its tenor and the instrument as it was when…