(DOWNLOAD) "Alton Minix v. State Texas" by Court of Criminal Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Alton Minix v. State Texas
- Author : Court of Criminal Appeals of Texas
- Release Date : January 25, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
On original submission appellant successfully challenged the trial courts adverse ruling on his motion to quash the indictment. That motion attacked the failure of the indictment to allege that the act "was done without the consent of the owner or other person entitled to give consent." To the extent that old code cases address this issue, Smith v. State, 162 Tex. Crim. 132, 282 S.W.2d 876, cited by the unanimous panel on original submission, is on point. The element of forgery under Art. 979, V.A.P.C. (1925) of "without lawful authority" has been brought forward in V.T.C.A., Penal Code Sec. 32.21(a)(1) (A)(i), which requires that the purported maker "did not authorize the act" of making the writing. Not only was the indictment here defective on the basis urged in the motion to quash, but under Smith it was fundamentally defective.
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