[DOWNLOAD] "James Gayle Mcfarland v. State Texas" by Court of Criminal Appeals of Texas No. 64551 # eBook PDF Kindle ePub Free

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eBook details

• Title: James Gayle Mcfarland v. State Texas
• Author : Court of Criminal Appeals of Texas No. 64551
• Release Date : January 15, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Opinion ON STATE'S MOTION FOR REHEARING On original submission the panel reversed appellant's conviction for forgery because the indictment failed to allege that the check purported to be the act of another. The state has filed a motion for rehearing urging that the purport element of the offense is supplied by the attachment to the indictment of a photocopy of the check. According to the state, the purport element is satisfied because the maker's name on the check differs from appellant's name as alleged in the indictment. The state relies on Jiminez v. State, 552 S.W.2d 469 (Tex.Cr.App.1977). As we noted in Minix v. State, 579 S.W.2d 466, 468 (Tex.Cr.App.1979, Opinion on State's Motion for Rehearing), Jiminez upheld a conviction for forgery by making, under V.T.C.A. Penal Code, Sec. 32.21(a)(1)(A)(i).1 In such a case it is the defendant himself who is alleged to have completed the check so that it purports to be the act of another ... Section 32.21(a)(1)(A)(i), supra. For this reason, a difference in the defendant's name as alleged in the indictment and the maker's name on the check is equivalent to an allegation that the writing purports (through the maker's signature) to be the act of another. As stated in Minix, supra, at 468:

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