Henderson v. State
Texas Supreme Court
Appeal from Anderson. Indictment for forging and counterfeiting a deed in the name of John Price, to several tracts of land, one of which lay in Anderson County. The deed was set out in the indictment. It purported to have been made in the County of Harris, and to be dated June 5th, 1854, from said Price to the defendant, reciting the residence of Price at Galveston, and that of the defendant in Milam county ; and witnessed by two witnesses.
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Appeal from Anderson. Indictment for forging and counterfeiting a deed in the name of John Price, to several tracts of land, one of which lay in Anderson County. The deed was set out in the indictment. It purported to have been made in the County of Harris, and to be dated June 5th, 1854, from said Price to the defendant, reciting the residence of Price at Galveston, and that of the defendant in Milam county ; and witnessed by two witnesses. The indictment contained a second count, which was quashed on motion of the defendant. Said count was as follows : “ that the said James W. G. D.…
1Opinion of the CourtWheeler, J.
The Court did not err in quashing the second count in the indictment. It omitted to charge that the defendant used the deed “ as true,” “ knowing the same to be ” “ counterfeited,” in the words of the Statute. (Hart. Dig. Art. *5101442.) Nor did it use any equivalent words, conveying the charge of having uttered the forged deed with a guilty knowledge. The offence of uttering forged instruments is defined by the Statute, in very plain and intelligible language; and the statutory definition of the offence should have been pursued. It is always proper to describe the offence in the very words…
2Cases cited1 opinion
- United States v. BrittonU.S. Circuit Court for the District of Massachusetts · 1822
3Cited by46 opinions
- Taylor v. StateCourt of Criminal Appeals of Texas · 1974
- Bennett v. StateSupreme Court of Arkansas · 1896
- Coffman v. StateCourt of Criminal Appeals of Texas · 1914
- Barrara v. StateTexas Supreme Court · 1874
- Worsham v. StateCourt of Criminal Appeals of Texas · 1909
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