State v. Hearn

The question presented by this record is whether or not there is a fatal variance where an indictment charges the forgery of a check with intent to defraud, and the uttering and publishing thereof with like intent, and the proof offered shows the check on its face to be genuine and the indorsement on the back a forgery, made with intent to defraud, and that such check was uttered and published with the same intent.

The section of the General Code, Section 13083, under favor of which this indictment was drawn, provides as follows:

“Whoever, with intent to defraud, falsely makes, alters, forges,…