Moore v. Commonwealth
Court of Appeals of Kentucky
Case 114— INDICTMENT— APPEAL PROM HARDIN CIRCUIT COURT. 1. The-forgery of a witness certificate is not embraced by either section 5 or section 7 of article 9, chapter 29 General Statutes.- 2. The indictment can-not he sustained under section 7 of the statute even if that section applies, because it is not alleged that defendant made the paper in contest with a fraudulent purpose to obtain the possession of any money or property, or to deprive the Commonwealth thereof,…
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Case 114— INDICTMENT— APPEAL PROM HARDIN CIRCUIT COURT. 1. The-forgery of a witness certificate is not embraced by either section 5 or section 7 of article 9, chapter 29 General Statutes.- 2. The indictment can-not he sustained under section 7 of the statute even if that section applies, because it is not alleged that defendant made the paper in contest with a fraudulent purpose to obtain the possession of any money or property, or to deprive the Commonwealth thereof, ox-cause it tojbe injured in its estate or legal right.- The particular intox-est must be specified. (1 Bishop Crim. Pro.,…
1Opinion of the Court
CHIEE JUSTICE HOLT
delivered the opinion op the court.
The charge. is forgery of a witness certificate against the State. It is urged the statute does not embrace such a case. It provides :
' “ If any person shall forge or counterfeit any writing whatever, whereby fraudulently to obtain the possession of, or to deprive another of, any money or property, or cause him to be injured in his estate or lawful rights, or if he shall utter and publish such instrument, knowing it to be forged and counterfeited, he shall be confined in the penitentiary not less than two nor more than ten. years.”
It is…
2Cases cited4 opinions
- Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1878
- Commonwealth v. WilsonCourt of Appeals of Kentucky · 1889
- Ball v. CommonwealthCourt of Appeals of Kentucky · 1884
3Cited by42 opinions
- State v. OlsonSupreme Court of Iowa · 1958
- Buckler v. CommonwealthKentucky Supreme Court · 1976
- Commonwealth v. GrinsteadCourt of Appeals of Kentucky · 1900
- Berry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- State v. ClarkWashington Supreme Court · 1904
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