Travis v. State
Supreme Court of Georgia
Criminal law. Indictment. Practice. Motion in arrest of judgment. Before Judge Bower. Decatur superior court. May term, 1888. , The indictment against. Travis charged him with forgery, “for that the said Tom Travis, in the county aforesaid” (Decatur county), “on the first day of August, in the year of our Lord, 1887, with force and arms, did wrongfully and fraudulently make, sign and forge the following writing, to wit. ‘Savannah, Florida & Western Railway.
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Criminal law. Indictment. Practice. Motion in arrest of judgment. Before Judge Bower. Decatur superior court. May term, 1888. , The indictment against. Travis charged him with forgery, “for that the said Tom Travis, in the county aforesaid” (Decatur county), “on the first day of August, in the year of our Lord, 1887, with force and arms, did wrongfully and fraudulently make, sign and forge the following writing, to wit. ‘Savannah, Florida & Western Railway. July, 1887. Mr. A. A. Anerleahe, C. R. There is due John Banister, engaged as track-hand on Sect. No. 31J in the month of July as per…
1Opinion of the Court
Bleckley, Chief Justice.
In strong contrast to the length and verbosity of the motion in arrest of judgment, which is expanded into fifteen grounds (see the official report prefixed to this opinion), is the brief of counsel for the plaintiff’ in error, which is as follows:
“This prosecution can only he sustained, if at all, under section 4451 of the code. Under that section, an intent to defraud must be alleged., If the alleged intention appears from the forged instrument to be impossible of execution, the indictment is defective, and the defect is not merely formal; it affects the real merits…
2Cases cited4 opinions
- Rembert v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Georgia · 1879
- Berrisford v. StateSupreme Court of Georgia · 1880
- Rataree v. StateSupreme Court of Georgia · 1879
3Cited by9 opinions
- Brazil v. StateSupreme Court of Georgia · 1903
- Shope v. StateSupreme Court of Georgia · 1898
- Chambers v. StateCourt of Appeals of Georgia · 1918
- Taylor v. StateSupreme Court of Georgia · 1905
- People v. JohnsonCalifornia Court of Appeal · 1907
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