Elements of Criminal ''Forgery Possess With Intent'' In Texas
The elements of forgery by possession with intent to utter are:
(1) a person
(3) a writing
(4) within intent to defraud or harm
(5) another. Burks v. State, 693 S.W.2d 932, 936 (Tex.Crim.App. 1985).
In "possession" cases the term "forge" in 32.21, Texas Penal Code, means "(C) to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B) of this subsection." Id.
While evidence of a passing or attempted passing of a forged instrument would certainly aid a State's case of possessing a forged instrument, such evidence is not absolutely essential. Id.
While it is true that the State did not attempt to prove that any of the counterfeit bills were "made" by appellant, it should be remembered that in possession of forged instrument cases it is not required that the accused forge the instrument to constitute the offense. Id. at page 938; Fifer v. State, 451 S.W.2d 757 (Tex.Crim.App.1970)
The general rule is that allegations which are not essential to constitute the offense, and which might be entirely omitted without affecting the charge against the defendant, and without detriment to the indictment, are treated as mere surplusage.