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JOHNSON v. STATE

No. 43790.

467 S.W.2d 431 (1971)

Harold D. JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 26, 1971.

Attorney(s) appearing for the Case

Rollin Khoury, Waco, (court appointed), for appellant.

Martin D. Eichelberger, Dist. Atty. Frank M. Fitzpatrick, Jr., Kenneth H. Crow and James R. Barlow, Asst. Dist. Attys., Waco, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

The appeal is from a conviction for passing as true a forged instrument. After a finding of guilty by a jury, the judge assessed the punishment at five years.

The sufficiency of the evidence is not challenged. The record reflects that the appellant passed a forged check in the sum of $93.60 to purchase a bus ticket for approximately $15.00 and received the balance in cash. Later the ticket was turned in and the money was refunded...

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