Court of Criminal Appeals of Texas May 31, 1972, No. 45014 (Phillips v. State)

OPINION

MORRISON, Judge.

The offense is possession of a forged instrument with intent to use and pass the same as true; the punishment, three (3) years.

This case differs from the usual forged check situation in that the State did not have the check on which it sought to' prosecute in its possession nor was it alleged in the indictment that the check was inaccessible or lost or destroyed.