Ex Parte McClain

OPINION

DALLY, Judge.

This is a post-conviction habeas corpus proceeding. Art. 11.07, V.A.C.C.P. The Petitioner was convicted for violation of Art. 725b, V.A.P.C. (1925), under the following indictment which alleged that on or about January 13, 1972, the Petitioner:

“willfully, knowingly, and fraudulently pass[ed] as true to Wright Smith, pharmacist at the Lindale Pharmacy, Lindale, Texas, a false and forged instrument in writing, to wit: a prescription, which had theretofore been made without lawful authority and with intent to defraud and was then and there of the tenor following: [copy of…