Legal Opinion

Smith v. Commonwealth

Court of Appeals of Kentucky

Decided October 14, 1879Published

APPEAL PROM GARRARD CIRCUIT COURT.

1Opinion of the Court

Opinion by

Judge Hines:

The allegation in the indictment that appellant falsely and fraudulently “forged” the name of Rus Harris, by signing his name to a certain paper, is not good. This is only the statement of a legal conclusion, and is not a compliance with the requirements of the Code that the acts constituting the 'offense shall be stated in ordinary language, etc. It is not enough that it may be inierentially determined from the charge in the indictment that the name of Rus Harris was signed by appellant to the writing without the knowledge, consent or authority of Harris. The fact must…

2Cases cited2 opinions

  1. Commonwealth v. WilliamsCourt of Appeals of Kentucky · 1877
  2. Stowers v. CommonwealthCourt of Appeals of Kentucky · 1876

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