¶1 OPINION
¶2 The conviction is for passing as true a forged instrument; the punishment, five years.
¶3 The instrument set out in the indictment is a check drawn on The Waggoner National Bank, signed by O. H. Edwards as maker in the sum of $155.00, payable to the order of D. F. Clough, and upon the face of which is the word “forged.”
¶4 In considering a similar case in Payne v. State, 391 S.W.2d 53, this court said:
‘ Appellant correctly, we think, contends that the instrument set out in the indictment could not be the subject of forgery or of passing a forged instrument because it shows on its face to be a forged instrument. Bagley v. State, 63 Tex. Cr.R. 606, 141 S.W. 107; Green v. State, 63 Tex.Cr.R. 510, 140 S.W. 444; Rollins v. State, 22 Tex.App. 548, 3 S.W. 759.
“The check identified as that passed and which was introduced in evidence without objection is identical with the check set out in the indictment according to its tenor. …
¶5 For reasons set out in Payne, the judgment in this cause is reversed and the prosecution upon the present indictment is ordered dismissed.