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BARTON v. STATE

No. 34965.

361 S.W.2d 716 (1962)

Tommy BARTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 7, 1962.

Attorney(s) appearing for the Case

Miller & Miller by Louis Dayne Miller, Graham, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is forgery; the punishment, two years.

At the outset, we observe that there were at least three material variances between the indictment and the purportedly forged instrument which was introduced in evidence. The trial court overruled the objection to the introduction of the instrument and later declined to withdraw it from the jury's consideration. In this he fell into error. Recently...

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