Legal Opinion

Johnson v. State

Court of Criminal Appeals of Texas

Decided May 24, 1899No. 1728PublishedCited by 1 opinion

Appeal from the District Court of Bandera. Tried below before Hon. I. L. Martin. Appeal from a conviction for having in possession a forged deed with intent to pass it; penalty, two years imprisonment in the penitentiary.

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Appeal from the District Court of Bandera. Tried below before Hon. I. L. Martin. Appeal from a conviction for having in possession a forged deed with intent to pass it; penalty, two years imprisonment in the penitentiary. The charging part of the indictment is as follows, viz.: “On or about-the 8th day of August, A. D. 1895, in the county of Bandera and State-of Texas, did then and there unlawfully, knowingty, and fraudulently have in his possession, with intent to pass and use the same as true, a false and forged instrument, in writing, which is in the possession of the said J. B. Johnson,…

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted for having in his possession, with intent to pass, an instrument signed by G. A. Tutwiler, Fannie Johnson (wife of appellant), and appellant, eonvejdng his homestead. The instrument is a deed in the ordinary form, including warranty clause, but unacknowledged, and purports to have been signed by all the parties on the 15th of July, 1895. The instrument “shows upon its face” that it was intended to convey the homestead of Johnson and wife to Fannie B. Stirman. The indictment does not set out the acknowledgment of any of the parties signing the…

2Cases cited2 opinions

  1. March v. WalkerTexas Supreme Court · 1877
  2. Terry v. TerryTexas Supreme Court · 1873

3Cited by1 opinion

  1. King v. StateCourt of Criminal Appeals of Texas · 1900

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