179 S.W. 1166 | Tex. Crim. App. | 1915
Appellant was convicted of forgery; his punishment being assessed at two years’ confinement in the penitentiary.
The Assistant Attorney General confesses error on the variance between the purport and tenor clauses. The indictment alleges that Horace Bethany, naming the date and county, did unlawfully without authority, and with intent to injure and defraud, willfully and fraudulently make a certain false instrument in writing, purporting to be the act of another, to wit, purporting to be the act of "Willie Smith, which said false instrument is to the tenor as follows. Then follows the instrument itself, signed by Horace Bethany, Richard Bethany, and Willie Smith.
There are other interesting questions in the case, and some serious doubt about the sufficiency of the evidence, but those are not 'discussed in view of the above holding.
The judgment will be reversed, and the prosecution ordered dismissed.
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