State v. Fidler

The indictment herein charged that the appellee at, etc., “did * * * falsely, fraudulently and feloniously make, forge, counterfeit, and utter a certain promissory note * * * with intent then and there and thereby to feloniously, falsely, and fraudulently defraud,” etc. The lower court sustained the appellee’s motion to quash the indictment upon the contention that two distinct offenses were charged, namely, forging a promissory note, and uttering a forged promissory note.

*222The statute, section 2354, Burns’ R. S. 1894, provides that “Whoever falsely makes or assists to make, defaces, destroys,…