Payne v. State

WOODLEY, Judge.

The offense is passing as true a forged instrument in writing; the punishment, 3 years.

The instrument set out in the indictment is a check drawn on Western Way Homes, Inc. in the sum of $176.78, payable to the order of Howard E. Kindred, upon the face of which is the word “FORGERY”.

Appellant correctly, we think, contends that the instrument set out in the indictment could not be the subject of forgery or of passing a forged instrument because it shows on its face to be a forged instrument. Bagley v. State, 63 Tex.Cr.R. 606, 141 S.W. 107; Green v. State, 63 Tex.Cr.R. 510, 140…