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SAMUEL v. STATE

No. 46811.

493 S.W.2d 796 (1973)

Andrew Lee SAMUEL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 1, 1973.

Attorney(s) appearing for the Case

Donald R. Scoggins, Dallas, for appellant.

Henry Wade, Dist. Atty., and John H. Hagler, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

JACKSON, Commissioner.

Conviction on guilty plea before the court of attempting to pass a forged instrument as true, knowing the same to have been forged; the punishment five (5) years.

The indictment contained in the original transcript failed to set out the check which Samuel was alleged to have attempted to pass. This would have rendered it void under Art. 21.11, Vernon's Ann.C.C.P., for failure to give notice of the particular offense...

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