Acuff v. State

Court of Criminal Appeals of Texas

Acuff v. State

429 S.W.2d 888

CourtCourt of Criminal Appeals of Texas

DecidedJune 26, 1968

Docket41306

StatusPublished

Cited by5 cases

This text of 429 S.W.2d 888 (Acuff v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Acuff v. State, 429 S.W.2d 888 (Tex. 1968).

Pincite

Opinion

OPINION

BELCHER, Judge.

The conviction is for passing as true a forged instrument; the punishment, five years.

The instrument set out in the indictment is a check drawn on The Waggoner National Bank, signed by O. H. Edwards as maker in the sum of $155.00, payable to the order of D. F. Clough, and upon the face of which is the word “forged.”

In considering a similar case in Payne v. State, 391 S.W.2d 53, this court said:

‘ 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 S.W. 444; Rollins v. State, 22 Tex.App. 548, 3 S.W. 759.

“The check identified as that passed and which was introduced in evidence without objection is identical with the check set out in the indictment according to its tenor. * *

For reasons set out in Payne, the judgment in this cause is reversed and the prosecution upon the present indictment is ordered dismissed.

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