Beall v. State

1. An indictment charging the forgery of a will should be drawn under section 231 of the Penal Code of 1910, and not under section 245.

(а) Such an indictment must allege that the forgery was done with intent to defraud the State or some person. Penal Code (1910), § 231. If the indictment does not contain such an averment, it is fatally defective and void, since it charges no offense under the law; and a verdict of guilty is a nullity, upon which no legal judgment can be founded; and after the defendant has been- convicted and sentenced he may move to arrest the judgment, notwithstanding he…