CARBERRY v. STATE

No. 258-84.

701 S.W.2d 255 (1985)

Jeffrey David CARBERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 18, 1985.


Attorney(s) appearing for the Case

William H. McPherson, Mission, for appellant.

Rene A. Guerra, Dist. Atty. and Theodore C. Hake and Iris Y. Aguilar, Asst. Dist. Attys., Edinburg, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was convicted of forgery by passing and sentenced to two years' confinement. On appeal to the Corpus Christi Court of Appeals, appellant argued that a fatal variance existed between the check as set forth in the indictment according to its tenor and the check as it was when it was allegedly made and passed by appellant.

Appellant was tried under the first count of...

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