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486 S.W.2d 326

Miles v. State

Court of Criminal Appeals of Texas

Decided November 1, 1972

Court of Criminal Appeals of Texas · decided 1972-11-01

Key passage — most relied on by later courts

““Said defendant . . . agrees and stipulates that he, the said defendant, is the identical person named in the indictment in the above styled and numbered cause and that all the acts and allegations in said indictment . . . charging the offense of Sale of a Narcotic Drug to-wit: Heroin are true and correct..."”

quoted by 2 later decisions, including Potts v. State, Adam v. State

Relies on Edwards v. State · McNeese v. State · Edwards v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-11-01

How this case has been cited

Cited by 6 later decisions — most recently July 2009

6 state decisions

401972198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 OPINION

MORRISON, Judge.

¶2 The offense is passing as true a forged instrument; the punishment, upon a plea of guilty to the court, two (2) years.

¶3 Appellant’s two grounds of error are brought forward without any citation of authority or discussion. Consequently they are not in compliance with Article 40.09, Section 9, Vernon’s Ann.C.C.P. However, we will briefly discuss appellant’s first contention.

¶4 Appellant contends the evidence is insufficient to support the judgment.

¶5 The record reflects appellant waived his right to trial by jury and contains appellant’s affidavit in which he agrees to stipulate testimony by'waiving the appearance, confrontation, and cross-examination of witnesses and consents to the introduction of testimony by affidavits, written statements of witnesses, and other documentary evidence. Appellant’s affidavit, which was admitted into evidence also stipulates the exhibits admitted into evidence are true and correct and further states that: “All the acts and allegations in said indictment charging the offense of Passing as True a Forged Instrument are true and correct

¶6 *327 The affidavits from the witnesses reveal appellant passed a money order which was stolen earlier from another establishment.

¶7 The evidence is sufficient to support the judgment. McNeese v. State, Tex.Cr.App., 468 S.W.2d 801; Edwards v. State, Tex.Cr.App., 463 S.W.2d 733; Edwards v. State, Tex.Cr.App., 478 S.W.2d 473.

¶8 The judgment is affirmed.

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