
    CHURCHILL v. STATE.
    (No. 5767.)
    (Court of Criminal Appeals of Texas.
    April 7, 1920.)
    Griminal law @=>1 167(3) — Where state dismissed count which defendant moved to quash, there was no error.
    Where defendant was indicted on a count for forgery and on another for passing a forged instrument, and moved to quash the first, which the state dismissed, and conviction was had on the second, no reversible error is presented, even if conceded that the forgery count was subject to demurrer.
    Appeal from District Court, Brown County; I. J. Rice, Special Judge.
    Roy Churchill was convicted of passing a forged instrument, and he appeals.
    Affirmed.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

The indictment against appellant contains two counts, one for forgery, and the other for passing a forged instrument. Motion was made to quash the first count charging forgery. The state dismissed as to this count and elected to try upon the count charging passing a forged instrument, and upon this conviction was had. This presents no reversible error, even if it be conceded that the count which charges forgery was subject to demurrer. This opinion does not pass upon that question as it was not in the case as tried by the jury. This is the only question presented for revision, and the judgment will be affirmed.  