# Washington v. State

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

URL: https://www.frixlaw.com/law-library/cases/5023103

## Case

- **Full name:** Elijah WASHINGTON v. STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 10, 1958
- **Citations:** 167 Tex. Crim. 218; 319 S.W.2d 106; 1958 Tex. Crim. App. LEXIS 3540
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Davidson
- **Judges:** Davidson
- **Cited by:** 0 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/5023103

## 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, Vernon’s Ann.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 Tex.Cr.R. 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/5023103. Public record. Not legal advice.