Simms v. State
Court of Criminal Appeals of Texas
Omitting formal parts, the charging portion of the indictment was as follows: “ That before the presentment and filing hereof, with force and arms, in the county and State aforesaid, one F. A. Simms, on the 10th day of October, A. D. 1890, did unlawfully, knowingly, and fraudulently pass as true to Henry Lacy a forged instrument in writing, to the tenor following: “ Oct. 10, 1890. “ This is to certify, that I have sold the note I hold against H. A. Lacy to the said F. A.…
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Omitting formal parts, the charging portion of the indictment was as follows: “ That before the presentment and filing hereof, with force and arms, in the county and State aforesaid, one F. A. Simms, on the 10th day of October, A. D. 1890, did unlawfully, knowingly, and fraudulently pass as true to Henry Lacy a forged instrument in writing, to the tenor following: “ Oct. 10, 1890. “ This is to certify, that I have sold the note I hold against H. A. Lacy to the said F. A. Simms. “ W. D. Russell. “Which said instrument in writing the said F. A. Simms then and there knew to be forged, and did…
1Opinion of the Court
DAVIDSON, Judge.
This conviction was for passing a forged instrument.
1. Two bills of exception recite that the State offered to prove certain facts. Objections interposed by defendant were overruled. The bills do not state, nor is it shown by them, the offered evidence was admitted to go to the jury. For this omission they are fatally defective. We can not look to the statement of facts to ascertain or determine this fact. Burke v. The State, 25 Texas Cr. App., 172; Jacobs v. The State, 28 Texas Cr. App., 79; Jackson v. The State, 28 Texas Cr. App., 143.
2. The evidence does not support the…
2Cases cited1 opinion
- Hobbs v. StateSupreme Court of Alabama · 1883
3Cited by9 opinions
- Cagle v. StateCourt of Criminal Appeals of Texas · 1898
- Harris v. StateCourt of Criminal Appeals of Texas · 1912
- Fischl v. StateCourt of Criminal Appeals of Texas · 1908
- Womble v. StateCourt of Criminal Appeals of Texas · 1898
- Rodgers v. StateCourt of Criminal Appeals of Texas · 1895
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