DAVIDSON, Commissioner.
Attempting to pass a forged check is the offense; the punishment, five years in the penitentiary.
The court in the indictment upon which this conviction rests charges that appellant, knowing it to be forged, attempted to pass a forged check to one Smith.
All the testimony shows that the check was presented and attempted to be passed to one Brown, who was an employee of the stores of which smith was the assistant manager.
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