DocketNumber: No. 324.
Citation Numbers: 124 S.W. 657, 58 Tex. Crim. 52, 1910 Tex. Crim. App. LEXIS 38
Judges: Davidson
Filed Date: 1/19/1910
Status: Precedential
Modified Date: 11/15/2024
The indictment contained three counts: the first charges forgery; second, passing as true a forged instrument, *Page 53 and, third, knowingly having in possession the false instrument described, etc. The court submitted to the jury only the second count, to wit: passing the forged instrument. The charging part of this count is as follows: That "James Chappel did unlawfully, wilfully and fraudulently utter and pass as true to Otto Paschel a certain false and forged instrument in writing, the tenor thereof is as follows, to wit: Bartlett, Tex. (meaning thereby Bartlett, Texas), Receipt of cotton seed Sept. 9, '30, '07 (meaning thereby September 30, 1907), Three dollars 65 c (meaning thereby Three 65/100 dollars), 3.65 (meaning thereby $3.65). (Signed) Rev. Peach (meaning thereby Lewis Pietzsch)."
There are several grounds urged why this indictment should be quashed, and that the instrument is not sufficient to form a predicate for conviction. To these we can not agree. The instrument as set out and explained is sufficient under the authority of Rollins v. State, 22 Texas Civ. App. 548[
The evidence is not sent up in the record, nor are there any bills of exception incorporated. This being the only question relied upon for reversal, we think it is not well taken, therefore the judgment is affirmed.
Affirmed. *Page 54