Dovalina v. State

Decided June 2, 1883

Court of Appeals of Texas · decided 1883-06-02

Tried below before the Hon. J. C. Russell. The indictment charged the forgery of an instrument reading as follows: “ Give Pablo his pistol and I will pay you for it. “Dario Gonzalez.” A verdict of guilty assessed a two years’ term in the penitentiary against the appellant as punishment.

Decided 1883-06-02

Hurt, Judge.

¶1This is a conviction for forgery, with a penalty of two years in the penitentiary attached.

¶2The indictment was filed in court on the eighteenth day of July, 1881. From the evidence, if. any offense at all was committed, it was committed on or about the twenty-fourth day of October, 1883, about one year and three months after the indictment was presented.

¶3To sustain a conviction, the evidence must show that the offense was committed prior to the presentation of the indictment.

¶4The judgment is reversed and the cause remanded.

¶5Reversed and remanded.

¶6Opinion delivered June 2, 1883.