Couch v. State
Supreme Court of Georgia
Indictment for Forgery, in Gwinnett Superior Court. Tried before Judge Hutchins, at March Term, 1859. Chancy Couch, the plaintiff in error, was indicted and tried for forgery. The jury found the following verdict: “We,-the jury, find the defendant guilty of publishing and passing the receipt in question, knowing it to be a forgery — but we recommend him to mercy.”
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Indictment for Forgery, in Gwinnett Superior Court. Tried before Judge Hutchins, at March Term, 1859. Chancy Couch, the plaintiff in error, was indicted and tried for forgery. The jury found the following verdict: “We,-the jury, find the defendant guilty of publishing and passing the receipt in question, knowing it to be a forgery — but we recommend him to mercy.” Whereupon, counsel for the prisoner moved in arrest of judgment upon the following grounds: 1st. Because the verdict does not find the defendant guilty of any .crime or offence for which judgment or sentence can be pronounced…
1Opinion of the Court
By the Court
Lumpkin, J.,
delivering the opinion.
Did the jury in this case find the defendant guilty of any offence; and could judgment have been awarded by the court ? The defendant was indicted for passing a forged receipt; and the jury found him guilty of passing the receipt, knowing it to be forged. But to complete the offence the Code requires not only that the accused should pass the receipt, knowing it to be forged, but, also, that he must pass it “as true;” and “with intent to defraud ’ ’ somebody. And is not this reasonable and riglit ? If the defendant passes the paper as a forged…
2Cited by16 opinions
- Maltbie v. StateCourt of Appeals of Georgia · 1976
- Ezzard v. StateCourt of Appeals of Georgia · 1912
- Cross v. StateCourt of Appeals of Georgia · 1971
- Gibson v. StateSupreme Court of Georgia · 1888
- Miller v. StateCourt of Appeals of Georgia · 1939
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