Mackguire v. State
Mississippi Supreme Court
From the circuit court of Claiborne county. Hon. John N. Bush, Judge. Mackguire, the appellant, a negro, was indicted and tried for forgery, was convicted and sentenced to the penitentiary for five years; and appealed to the supreme court. . Appellant was convicted of the forgery of a written order directed to the American Express Company, which order was as follows: “ Mr. Express Agent, Please let this boy have my jug. [Signed] William Poster.”
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From the circuit court of Claiborne county. Hon. John N. Bush, Judge. Mackguire, the appellant, a negro, was indicted and tried for forgery, was convicted and sentenced to the penitentiary for five years; and appealed to the supreme court. . Appellant was convicted of the forgery of a written order directed to the American Express Company, which order was as follows: “ Mr. Express Agent, Please let this boy have my jug. [Signed] William Poster.” William Poster was a white man and testified for the state that he had never written and knew nothing of the order, v The indictment, as originally…
1Opinion of the Court
Whitfield, G- I-,
delivered the opinion of the court.
The writing in this case is one of which, on its face, forgery could be predicated under our statute. It is, on its face, of apparent legal efficacy. France v. State, 83 Miss., 281, 35 South., 313. And for that reason it was unnecessary to state in the indictment any extrinsic facts. Bishop’s Directions & *155Forms, 470. The cases cited by the learned counsel for the appellee (State v. Leak, 80 N. C., 403, and Russell v. State [Fla.], 40 South., 625), are not in point. The North Carolina case was a plain case, of a simple order for the delivery…
2Cases cited2 opinions
- State v. . LeakSupreme Court of North Carolina · 1879
- France v. StateMississippi Supreme Court · 1903
3Cited by7 opinions
- People v. AnthonyCalifornia Court of Appeal · 1912
- Gillespie v. StateMississippi Supreme Court · 1954
- Wilson v. StateMississippi Supreme Court · 1948
- Graves v. StateMississippi Supreme Court · 1927
- In Re LoweIdaho Supreme Court · 1931
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