State v. McCormack
Supreme Court of Iowa
Appeal from Glarhe District Oou/rt. There are two counts in the indictment. The first charges that the defendant did feloniously, and with intent to defraud, falsely make, forge, and counterfeit a certain check, purporting to be signed by D. H. Porter, and the second that the defendant, with intent to defraud, uttered and published as true the cheek aforesaid. The defendant demurred to the indictment, which was overruled.
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Appeal from Glarhe District Oou/rt. There are two counts in the indictment. The first charges that the defendant did feloniously, and with intent to defraud, falsely make, forge, and counterfeit a certain check, purporting to be signed by D. H. Porter, and the second that the defendant, with intent to defraud, uttered and published as true the cheek aforesaid. The defendant demurred to the indictment, which was overruled. Whereupon he moved the court to require the State to elect upon which count the defendant should be tried, which was also overruled. There was a trial by jury, verdict…
1Opinion of the CourtServers, J.
It is provided by statute: “The indictment must charge but one offense, but it may be charged in different forms to meet the testimony, and if it may have been committed in different modes and by different means the indictment may allege the modes and means in the alternative * * * *” Code, § 4300. It makes no difference under the statute whether the offenses are charged in the same or different counts. For if more' than one offense is charged the indictment is bad.
We have had occasion to construe this statute several times. See The State v. Fidment, 35 Iowa, 541; State v. Rhodes, 48 Id.,…
2Cases cited3 opinions
- State v. McPhersonSupreme Court of Iowa · 1859
- State v. FidmentSupreme Court of Iowa · 1872
- State v. NicholsSupreme Court of Iowa · 1874
3Cited by13 opinions
- State v. MeeksSupreme Court of Iowa · 1954
- State v. WilliamsSupreme Court of Missouri · 1899
- State v. BlodgettSupreme Court of Iowa · 1909
- Vanderslice v. StateCourt of Criminal Appeals of Oklahoma · 1936
- Bresser v. SaarmanSupreme Court of Iowa · 1901
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