Court of Appeals of Texas January 20, 1982, No. 05-81-00323-CR (Thomas v. State)

VANCE, Justice.

Appeal is from a conviction for forgery wherein the jury assessed punishment at ten years confinement. Appellant asserts that the State failed to prove the requisite culpable mental state and, therefore, the trial court should have instructed a verdict of not guilty. He also contends that there was a material variance between the indictment and proof.