Court of Criminal Appeals of Texas. Hamilton , Judge. Seth Duncan was convicted of forgery, and he appeals. Judgment affirmed. Taulbee , of Georgetown, for appellant. Berry , Asst. Appellant was convicted of forgery, his punishment being assessed at two years' confinement in the penitentiary.
The facts show that R. When appellant arrived at Granger from Cameron, he presented himself at the bank with the unfilled check, left it with Stefka, who was an officer of the bank, requesting Stefka to communicate with the bank at Cameron to ascertain if they would honor the Coleman check for any amount, stating he would return later.
Appellant left the bank, and later returned. In the meantime Stefka communicated with the bank at Cameron and received information over the phone that they would honor the Coleman check for any amount. Stefka so informed appellant upon his return to the bank. Appellant then indorsed the check. The money was placed to appellant 's credit, and later during the same evening drawn out. Appellant 's contention, with reference to the authority to fill in the check, was, substantially, that he , Coleman, and Mrs.
Coleman had been warm friends; that Coleman was in the service of the penitentiary at Huntsville while appellant was an inmate under the conviction for murder, and later had assisted in securing appellant 's pardon. Upon receiving the pardon appellant went to the Coleman home in Cameron. The relations between Coleman and his wife and appellant were shown to be intimate, if not confidential. Appellant 's contention was that Coleman was jealous of his wife and secured appellant 's services to follow her on a trip she made to ascertain if there was anything of an illicit character connected with her trip.
At Somerville about 45 or 50 miles from Cameron, appellant ascertained and reported to Coleman that his wife was there registered as the wife of another man, and occupied the same room.
