Thornton v. State

OPINION ON MOTIONS FOR REHEARING

CLINTON, Judge.

This case has a somewhat unique history. In cause number 60,310, currently before us on the State’s motion for rehearing, a panel of this Court on original submission of an appeal from an order revoking probation reversed the primary conviction and ordered a judgment of acquittal. The panel held that where the indictment for the primary offense alleged the offense of forgery by passing and appellant “judicially confessed” to the offense of forgery by making, and there was no evidence tending to support appellant’s conviction for the former…