VAN BUSKIRK v. STATE

No. 45881.

492 S.W.2d 279 (1973)

Gene VAN BUSKIRK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 21, 1973.


Attorney(s) appearing for the Case

Donald K. Shipley, Houston, for appellant.

Carol Vance, Dist. Atty. and James C. Brough and Herbert Hancock, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

The conviction is for unlawfully passing as true a forged instrument; the punishment five years imprisonment.

The appellant challenges the sufficiency of the evidence and urges that the court erred in refusing to submit a charge on circumstantial evidence and in refusing to charge the jury that the witness Elwood Findley was an accomplice witness as a matter of law.

The court did submit to the jury a charge requiring...

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