Hoover v. State

Error to tbe district court for Douglas county. Tried below before Scott, J. Tbe facts are stated in tbe opinion. Tbe plea in abatement was based on tbe fact that in tbe original complaint, wbicb was type-written and upon wbicb Hoover was bound over to tbe district court, tbe word “purposely” was interlined in some person’s band-writing. An evident alteration of an instrument is generally presumed to bave been made after tbe execution thereof. (Parsons, Contracts [7tb ed.], sec. 722.) If tbe alteration is noted, or if it appears in tbe same bandwriting and ink as tbe body of tbe instrument,…