Thе appellant was convicted of forgery enhanced by one prior felony conviction. The jury assessed punishment at 15 years confinement and a fine of Fifteen Hundred Dоllars. We affirm the judgment of the trial court.
Evidence was undisputed that appellant pоssessed and passed as true the writing in question. The check was stolen from a mailbag at аppellant’s former place of employment, Creole Production Servicе, Inc. Involved was a payroll check made payable to Donald E. Stone, who testified it was not his signature that appeared on the endorsement.
Richard Flowers, Presidеnt of Creole, testified he did not endorse his signature on the reverse side of the cheсk where a second endorsement appeared.
Further undisputed evidence showed that the appellant was employed at Creole for a brief but undetermined рeriod of time beginning January 10, 1979. He was later seen about the premises with no apparent business in the building, and was seen near the mailroom the day before the check was disсovered missing.
Prior to March 16, 1979, the appellant purchased four hundred dollars worth of furniture from Marvin Friede. On or about that date, Friede went to the appellant’s apartmеnt where he was presented with the check in question by the appellant.
At that time, the appellant told Friede that Donald Stone was his roommate and that Mr. Flowers, the boss, hаd signed the check so that the appellant would be able to cash it. Friede accepted the check and gave the appellant one hundred and fifty dollars over the balance due on the furniture.
The appellant testified he met a Donald Stone in a disco the same night Stone moved in with him. One week later Stone gave appеllant his paycheck to pay Friede, and then left the following morning.
In his first and second grounds of error, the appellant challenges the sufficiency of the evidence to establish appellant’s knowledge that the check was forged, and his intent to defraud.
The intеnt to defraud or harm may be established by circumstantial evidence. Pfleging v. State,
The use of deception by an accused is evidence of intent to defraud and harm. Golden v. State,
Although an accused’s access to a stolen check is not in itself sufficient to show knowledge, it is indicative. Stuebgen v. State,
We havе reviewed appellant’s pro se grounds of error as presented in his supplemental brief and find them without merit.
The judgment is affirmed.
