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ARMSTRONG v. STATE

No. 54723.

573 S.W.2d 813 (1978)

Hilton ARMSTRONG, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

November 29, 1978.

Attorney(s) appearing for the Case

Nancy Hormachea, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and Hogan Stripling, Asst. Dist. Attys., Houston, for the State.

Before ONION, P. J., and DALLY and VOLLERS, JJ.

OPINION

DALLY, Judge.

This is an appeal from a conviction for passing a forged check; the punishment, enhanced by two prior felony convictions, is imprisonment for life.

Appellant contends that there is a fatal variance between the check set out in the indictment according to its tenor and alleged to be a forgery and the check introduced into evidence by the State. The check which appears in the indictment...

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