Finn v. State
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Maples, Judge; 1. There is no proof that the check was forged. The burden was on the State to show that the instrument was a forgery and that the defendant uttered same knowing at the time that same was in fact a forgery. 91 Ark. 485; 90 Id. 123; 47 Id. 572. 2. The court should have sustained the demurrer to the indictment because it does not allege that the instrument was made without the authority of the person whose name was signed…
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Appeal from Benton Circuit Court; J. S. Maples, Judge; 1. There is no proof that the check was forged. The burden was on the State to show that the instrument was a forgery and that the defendant uttered same knowing at the time that same was in fact a forgery. 91 Ark. 485; 90 Id. 123; 47 Id. 572. 2. The court should have sustained the demurrer to the indictment because it does not allege that the instrument was made without the authority of the person whose name was signed thereto; and further, because it does not specifically state the real party intended to be defrauded. 19 Cyc. 1405 (B);…
1Opinion of the CourtHart, J.
Charley Finn was indicted, tried and convicted before a jury for the crime of forgery and his punishment fixed at two years in the State penitentiary. From the judgment of conviction he has duly prosecuted an appeal to this court. The body of the indictment is as follows:
The grand jury of Benton county, in the name and by the authority of the State of Arkansas, accuse Charley Finn of the crime of uttering a forged instrument committed as follows, to-wit:
“The said Charley Finn in the said county of Benton in the State of Arkansas, on the 15th day of January, 1916, fraudulently and feloniously…
2Cases cited6 opinions
- Dewein v. StateSupreme Court of Arkansas · 1914
- Greenwood v. StateSupreme Court of Arkansas · 1913
- Harshaw v. StateSupreme Court of Arkansas · 1910
- People v. CokahnourCalifornia Supreme Court · 1898
- Crossland v. StateSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gamble v. StateSupreme Court of Arkansas · 2003
- Stout v. StateSupreme Court of Arkansas · 1968
- State v. JonesUtah Supreme Court · 1933
- Norton v. StateSupreme Court of Arkansas · 1964
- Cush v. StateSupreme Court of Arkansas · 1929
2 more not listed; retrieve them via the Exa API.