Walker v. State

1. The defendant, Walker, was indicted for the offense of forgery, one of the counts of the indictment charging that “said Benben Walker and [a codefendant] did then and there falsely and fraudulently pass, utter, and publish said check as true, well knowing that the same was falsely and fraudulently made, signed, forged, and counterfeited.” And the judge charged the jury the law applicable to this count in the indictment. The movant excepted to this portion of the judge’s charge, alleging that “there was no evidence in the case to authorize same, and it gave the State the benefit of a theory…