Legal Opinion

Nichols v. State

Court of Criminal Appeals of Texas

Decided March 16, 1898No. 1608PublishedCited by 20 opinions

Appeal from the District Court of Cooke. Tried below before Hon. D. E. Barrett. Appeal from a conviction for passing a forged instrument; penalty, two years imprisonment in the penitentiary.

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Appeal from the District Court of Cooke. Tried below before Hon. D. E. Barrett. Appeal from a conviction for passing a forged instrument; penalty, two years imprisonment in the penitentiary. In February, 1897, the appellant applied to the prosecuting witness, Joe Honeycutt, in Gainesville, at Honeycutt’s livery stable, to indorse his draft for $10 on one Penniwell, at Greenville, Texas, who was then, according to the undisputed testimony, in defendant’s employ, and to secure said witness defendant placed in his hands three promissory notes, signed by J. S. Morris, R. B. Brown, and Henry…

1Opinion of the Court

HURT, Presiding Judge.

Appellant was convicted of passing as true an alleged forged instrument in writing, and his punishment assessed at two years confinement in the penitentiary; hence this appeal.

Appellant filed a plea setting up former acquittal, and alleged that it was the same transaction for which he was being prosecuted in this case. On motion, this was stricken out, and appellant reserved his exceptions. The acquittal, as shown by the proceeding, was upon an entirely different note from that set up in this prosecution, and the court did not err in striking out the plea. The other note…

2Cited by20 opinions

  1. Shippy v. StateCourt of Criminal Appeals of Texas · 1977
  2. Verner v. StateCourt of Criminal Appeals of Texas · 1931
  3. Haney v. StateCourt of Criminal Appeals of Texas · 1969
  4. Spicer v. StateCourt of Criminal Appeals of Texas · 1907
  5. Lasister v. StateCourt of Criminal Appeals of Texas · 1906

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