ROGERS v. STATE

No. 30872.

325 S.W.2d 697 (1959)

Edward D. ROGERS, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 27, 1959.


Attorney(s) appearing for the Case

Ralph O. Shepley, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White, Samuel H. Robertson, Jr., and Gus J. Zgourides, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is passing as true a forged instrument in writing; the punishment, enhanced under Art. 63, Vernon's Ann.P.C. by two prior convictions for felonies less than capital, life.

There are two reasons why the judgment of conviction cannot be affirmed.

(1) The indictment alleged that appellant was convicted of burglary in Victoria County on December 1, 1948, and that after the conviction had become final he committed the offense...

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