Tomlinson v. State

OPINION

MORRISON, Judge.

The offense is passing as true a forged instrument. The punishment is two years.

It is axiomatic that when extraneous offenses are admitted, the jury must be told that they cannot consider them unless the State proves that the accused committed such collateral crimes. Lankford v. State, 93 Tex.Cr.R. 442, 248 S.W. 389. This being so, no extraneous offense should be offered unless the State is prepared to prove that the accused committed the same.

While testifying in his own behalf, appellant denied that he signed or passed the check set forth in the indictment, which was a…