Bench v. State
Supreme Court of Arkansas
Appeal from Marion Circuit Court. Brice B. Hudgins, Judge. STATEMENT BY THE COURT. T.he appellant, John Bench, was indicted for forgery and for uttering and publishing a forged instrument of writing.
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Appeal from Marion Circuit Court. Brice B. Hudgins, Judge. STATEMENT BY THE COURT. T.he appellant, John Bench, was indicted for forgery and for uttering and publishing a forged instrument of writing. The indictment alleged that said Bench “did falsely and feloniously forge and counterfeit a certain writing on paper, which said writing is lost and destroyed, by reason whereof the persons are unable to set it out by its tenor, but it is and then was in substance as follows: ‘On or before the 20th day of August, 1895, I promise to pay John Bench or bearer seven dollars and fifty cents ($7.50),…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The judgment in this case must be reversed for the reason that the circuit court in our opinion erred in reading to the jury section 2086 of Sand. & H. Dig. The instrument alleged to be forged having been destroyed, it was set out in substance as signed “George H. Arnel.” The evidence showed that'it was signed “G. H. Arnel.” On this point the circuit judge, as part of his charge to the jury, read the section above named, which is as follows : “When a written instrument, which is the subject of an indictment for forgery, larceny or other offense has been…
2Cited by1 opinion
- Godard v. StateSupreme Court of Arkansas · 1911