The opinion
DAVIDSON, Judge.
The offense is burglary, with a prior conviction for passing a forged instrument alleged for enhancement. The punishment was assessed at twelve years’ confinement in the penitentiary, under the mandate of Art. 62, P.C.
At the outset we are met with a motion to quash the indictment on the grounds that the primary offense of burglary is not the “ ‘same offense, or one of the same nature’ ” as that of passing, as true, a forged instrument, the offense for which the appellant was convicted in the prior case alleged for enhancement.
Were this a case of first impression it might cause us more concern, but this court specifically held in Brown v. State, 140 Texas Cr. Rep. 133 , 143 S.W. 2d 775 , that burglary and forgery are not offenses of the same nature as prescribed by Art. 62, P.C.
The judgment is reversed and the cause is remanded.