Barnes v. Commonwealth
Court of Appeals of Kentucky
Case 82 — INDICTMENT 1. The mere false making of a note -without the intent to defraud some one does not constitute the crime of forgery, for there is no presumption of law that the accused has actually forged a note on another person, when he has not uttered the same. Fox v. The People, 1 N. W. Rept., 702. 2. Both the false making of the instrument and the fraudulent intent must be proved, and it was not sufficient that only one of these was shown. 10 Ky.
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Case 82 — INDICTMENT 1. The mere false making of a note -without the intent to defraud some one does not constitute the crime of forgery, for there is no presumption of law that the accused has actually forged a note on another person, when he has not uttered the same. Fox v. The People, 1 N. W. Rept., 702. 2. Both the false making of the instrument and the fraudulent intent must be proved, and it was not sufficient that only one of these was shown. 10 Ky. Law Rept., 413. 3. The simple possession of a forged paper without an attempt to-pass or utter the same, was not an offense under the…
1Opinion of the Court
JUDGE GUPPY
DELIVERED THE OPINION OE THE COUBT.
Appellant wais indicted and convicted of the offense of forgery, the indictment charging forgery of a bank check and signature of Thomas J. Carson; averring lack of authority from Carson, and that the check was forged by Barnes with intent to fraud. It appears from the bill of ■evidence that, for some reason, appellant was .arrested by the police; when taken to the stationhouise was searched, and a number of checks and some other papers were found concealed upon his person, between his shirt and his body. One of the witnesses testified that…
2Cases cited1 opinion
- Moore v. CommonwealthCourt of Appeals of Kentucky · 1892
3Cited by11 opinions
- Morse v. CommonwealthCourt of Appeals of Kentucky · 1908
- Goodman v. PeopleIllinois Supreme Court · 1907
- Sebree v. CommonwealthCourt of Appeals of Kentucky · 1923
- Brashear v. CommonwealthCourt of Appeals of Kentucky · 1917
- Neal v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1956
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