Thursday, February 3, 2011
A Receipt Is a Commercial Instrument
A faked receipt was held to be a forged commercial instrument by a plurality of the Texas Court of Criminal Appeals, which resulted in a conviction for a state jail felony. Judge Tom Price wrote the opinion, which was joined by Judges Michael E. Keasler, Barbara Parker Hervey, and Cathy Cochran. Judge Lawrence E. Meyers concurred, arguing that the receipt was clearly a forged commercial instrument-- the majority had to have recourse to legislative intent to get to its conclusion. Presiding Judge Sharon Keller dissented, joined by Judge Cheryl Johnson. A receipt is not a commercial instrument, they said. According to them, the most that the defendant could get is misdemeanor forgery. Judge Keller for the defense, it takes my breath away.