WOODLEY, Commissioner.
The conviction is for felony swindling; the punishment, six years in the penitentiary.
Count 1 of the indictment, upon which the state elected to rely, charged that appellant swindled Tom Farris of a check in the sum of $160 drawn on the American National Bank of Amarillo.
Count 1 of the indictment also contained the allegation that said bank check was "worth the sum of one hundred and sixty dollars in lawful current money, and...
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