McDonnell v. State
Supreme Court of Arkansas
Error to Faulkner Circuit Court. James S. Thomas, Judge. McDonnell was indicted for forgery. The indictment contained two counts, the first of which, omitting the caption and formal commencement, alleged as follows: ‘ ‘ The said Will McDonnell, on the 3rd day of February, A. D. 1891, in the county and State aforesaid, fraudulently and feloniously did forge, counterfeit and alter a certain writing on paper,, purporting to be a school warrant, which said writing on paper is in…
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Error to Faulkner Circuit Court. James S. Thomas, Judge. McDonnell was indicted for forgery. The indictment contained two counts, the first of which, omitting the caption and formal commencement, alleged as follows: ‘ ‘ The said Will McDonnell, on the 3rd day of February, A. D. 1891, in the county and State aforesaid, fraudulently and feloniously did forge, counterfeit and alter a certain writing on paper,, purporting to be a school warrant, which said writing on paper is in words and figures as follows, to-wit: ‘No. 32 District School Fund, District No. 38. January the 30, 1891. Treasurer of…
1Opinion of the CourtWood, J.
i. sufficiency for forgery, In view of the proof, it was unnecessary to employ the word “alter” after the word “forge” in the indictment. For the sake of clearness, it might have been omitted. The indictment is not defective on that account, however. The word “alter” maybe treated as surplusage. The demurrer was properly overruled. 1 Bish. Cr. Pro. secs. 481 to 485; also secs. 401, 419, 426; 1 Wharton’s Prec. of indictments, 264, 267; 3 Rice on Pv. p. 773 ; Acts of 1893, p. 67.
sitolTexJ-t copy' It appears that the forgery in this case consisted in the alteration of a school warrant. The…
2Cases cited3 opinions
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