L. T. Thornton v. State Texas

This case has a somewhat unique history. In cause number 60,310, currently before us on the States motion for rehearing, a panel of this Court on original submission of an appeal from an order revoking probation reversed the primary conviction and ordered a judgment of acquittal. The panel held that where the indictment for the primary offense alleged the offense of forgery by passing and appellant "judicially confessed" to the offense of forgery by making, and there was no evidence tending to support appellants conviction for the former offense, appellant could successfully collaterally attack the validity of his conviction. See Ex parte Moffett, 542 S.W.2d 184 (Tex.Cr.App.1976); Ex parte Dantzler, 571 S.W.2d 536 (Tex.Cr.App.1978). This Courts decision was delivered on November 21, 1979 as was the panel decision in cause number 62,218, currently before us on the appellants motion for rehearing.