State v. Kattlemann
Supreme Court of Missouri
Appeal from, St. Louis Criminal Court. The act of the defendant was no forgery for which he could be indicted, tried or convicted. I. The mere altering of an instrument or writing being the act of another, with intent to injure or defraud, and by which a pecuniary demand and obligation purports to be diminished, does not of itself necessarily constitute the crime of forgery. II.
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Appeal from, St. Louis Criminal Court. The act of the defendant was no forgery for which he could be indicted, tried or convicted. I. The mere altering of an instrument or writing being the act of another, with intent to injure or defraud, and by which a pecuniary demand and obligation purports to be diminished, does not of itself necessarily constitute the crime of forgery. II. To make it the crime of forgery, the act of alteration must have the effect of giving to the instrument or writing altered a different effect; so as to make it, in fact, not the instrument or writing of the author or…
1Opinion of the Court
Bates, Judge,
delivered the opinion of the court..
Kattlemann was indicted for forgery; there were five counts in the indictment; he was tried on the whole indict*107ment and found guilty on the first count. This verdict was set aside and a new trial awarded him. At the second trial, he was again tried on the whole indictment and found guilty on the first count, and also on the third count. This was error. The verdict on the first trial was an acquittal on all but the first count, and he should have been tried again upon that alone. (State v. Ross, 29 Mo. 32.)
He was charged to have committed…
2Cases cited1 opinion
- State v. RossSupreme Court of Missouri · 1859
3Cited by10 opinions
- State v. SteevesOregon Supreme Court · 1896
- Johnson v. StateSupreme Court of Florida · 1891
- State v. JacksonSupreme Court of Missouri · 1909
- In re BennettDistrict Court, N.D. California · 1897
- State ex rel. Allen v. Mayor of St. LouisSupreme Court of Missouri · 1881
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