Rogers v. State

WOODLEY, Judge.

The offense is passing as true a forged instrument in writing; the punishment, enhanced under Art. 63 P.C. by two prior convictions for felonies less than capital, life.

There are two reasons why the judgment of conviction cannot be affirmed. ■(1) The indictment alleged that appellant was convicted of burglary in Victoria County on December 1, 1948, and that after the conviction had become final he committed the offense of theft, a felony, and on March 28, 1951, was convicted of that offense in Criminal District Court of Harris County, Texas.

We find no evidence in the record as…