Towne v. State

DICE, Commissioner.

The conviction is for defrauding by worthless check; the punishment, enhanced under Art. 62, Vernon’s Ann.P.C., by reason of a prior conviction for an offense of like character, ten years.

On a former appeal to this court, appellant’s conviction for giving the same check in question was reversed because the evidence was insufficient to sustain the allegations of the indictment. Towne v. State, Tex.Cr.App., 385 S.W.2d 854.

This is an appeal from a conviction upon a new indictment subsequently returned against appellant, charging the same offense.

*401The indictment charged in the…