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COTTON v. STATE

No. 60994.

626 S.W.2d 531 (1981)

Lorenzo COTTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied December 23, 1981.

Attorney(s) appearing for the Case

C. R. Daffern, Amarillo, for appellant.

Tom Curtis, Dist. Atty. & John Byron Reese & Richard A. Keffler, Jr., Asst. Dist. Attys., Amarillo, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, W. C. DAVIS and McCORMICK, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for forgery. Punishment was assessed at confinement for five years.

At the outset we notice fundamental error which requires reversal in the interest of justice. Art. 40.09, Sec. 13, V.A.C.C.P. The pertinent parts of the indictment under which the appellant was prosecuted and convicted alleged that he

"knowingly and intentionally, with intent to defraud and harm Billy Hill, forge,...

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