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McGEE v. STATE

No. 393-84.

681 S.W.2d 31 (1984)

James Morris McGEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 21, 1984.

Attorney(s) appearing for the Case

Lawrence B. Mitchell, Dallas, for appellant.

Henry Wade, Dist. Atty., and Donald G. Davis, N. R. Stevenson and Jane Jackson, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

THOMAS G. DAVIS, Judge.

Appellant was convicted by a jury of the offense of forgery by passing and the jury assessed punishment at ten years in the Texas Department of Corrections.

In his appeal to the court below, appellant contended that, since he received nothing of value in exchange for the instrument, it cannot be said that he "passed" that instrument. The Court of Appeals, relying on...

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