EX PARTE McCLAIN

No. 67323.

623 S.W.2d 140 (1981)

Ex parte Lou Ella McCLAIN.

Court of Criminal Appeals of Texas, En Banc.

September 23, 1981.


Attorney(s) appearing for the Case

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

DALLY, Judge.

This is a post-conviction habeas corpus proceeding. Art. 11.07, V.A.C.C.P. The Petitioner was convicted for violation of Art. 725b, V.A.P.C. (1925), under the following indictment which alleged that on or about January 13, 1972, the Petitioner:

"willfully, knowingly, and fraudulently pass[ed] as true to Wright Smith, pharmacist at the Lindale Pharmacy, Lindale, Texas, a false and forged instrument in

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