Gaut v. State

HENDERSON, Judge.

Appellant was convicted of uttering a forged instrument in writing, and his punishment fixed at confinement in the penitentiary for a term of two years; hence this appeal.

The indictment contains several counts, and the conviction was on the second count. Appellant moved to- quash the same on the ground that it shows it was intended to be the act of a different person than that charged in the indictment. The second count in the indictment sets out the uttering of a certain forged instrument by appellant to J. W. Pier-son, upon which the prosecution is predicated, which is set…