Campbell v. State
Decision Date | 13 November 1895 |
Parties | CAMPBELL v. STATE. |
Court | Texas Court of Criminal Appeals |
Appeal from district court, Fannin county; E. D. McClellan, Judge.
H. A. Campbell was convicted of forgery, and appeals. Reversed.
Lusk & Thurmond, for appellant. Mann Trice, for the State.
Appellant was convicted of forgery, and his punishment assessed at two years' confinement in the state penitentiary. From the judgment and sentence of the lower court he prosecutes this appeal. The instrument charged to have been forged is as follows: The purport of this instrument is set out in the indictment. It is alleged that the instrument purports to be the act of others, to wit, the acts of A. Clinard and M. W. Leonard. The tenor clause of the indictment describes the note as having been signed by H. A. Campbell, A. Clinard, and W. W. Linard. The instrument does not purport to be the act of A. Clinard and M. W. Leonard, but the act of H. A. Campbell, A. Clinard, and W. W. Linard. We find a conflict between the purport and the tenor of the indictment; in other words, the allegation that the note purports to be the act of A. Clinard and M. W. Leonard is not sustained by the instrument itself. There is a variance between the tenor and purport clauses in the indictment. This being the case, what is the rule of law? Mr. Bishop (section 416, 3d Ed., of his work on Criminal Procedure) says: ...
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