# Washington v. State

> Court of Criminal Appeals of Texas · December 10, 1958 · 167 Tex. Crim. 218

URL: https://www.frixlaw.com/law-library/cases/4903539

## Case

- **Full name:** Elijah Washington v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 10, 1958
- **Citations:** 167 Tex. Crim. 218
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Davidson
- **Judges:** Davidson
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4903539

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4903539. Public record. Not legal advice.