McGee v. State

681 S.W.2d 31, 1984 Tex. Crim. App. LEXIS 804

Opinions

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

THOMAS G. DAVIS, Judge.

Appellant was convicted by a jury of the offense of forgery by passing and the jury assessed punishment at ten years in the Texas Department of Corrections.

In his appeal to the court below, appellant contended that, since he received nothing of value in exchange for the instrument, it cannot be said that he “passed” that instrument. The Court of Appeals, relying on Landry v. State, 583 S.W.2d 620 (Tex.Cr.App.1979) (opinion on original submission), held that “pass,” as used in the statute, means to offer. On rehearing, Landry, supra, was reversed due to a fundamentally defective charging instrument, and only for that reason.

We reaffirm the holding in Landry, supra, on original submission, i.e., that, for Section 32.21(a)(1)(B), Vernon’s Ann.P.C., purposes, the word “pass” means to offer the instrument and does not require a showing that the defendant actually received consideration in exchange for the instrument.

Appellant’s Petition for Discretionary Review is refused.