Tanksley v. State
Court of Appeals of Georgia
Indictment for forgery, etc.; from Chatham superior court — Judge Meldrim. September 10, 1921. From the evidence it appears that an order for certain articles, with a request that change for. $20 be sent with the articles, came over the telephone to a drug-store from a person who said that he was Dr. I. D. Williams, and a messenger was thereupon sent from the drug-store with the articles and with the change requested, and received from the man to whom he delivered the…
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Indictment for forgery, etc.; from Chatham superior court — Judge Meldrim. September 10, 1921. From the evidence it appears that an order for certain articles, with a request that change for. $20 be sent with the articles, came over the telephone to a drug-store from a person who said that he was Dr. I. D. Williams, and a messenger was thereupon sent from the drug-store with the articles and with the change requested, and received from the man to whom he delivered the articles and the money a check on a bank for $20, signed "" I. D. Williams ” and payable to “Anderson Pharmacy” (the name of…
1Opinion of the CourtLuke, J.
The defendant was indicted upon two counts,— one charging forgery, and the other charging the uttering of a forged instrument. The defendant was convicted upon both counts. The evidence did not authorize the conviction under the count which charged the offense of forgery. There having been a conviction under both counts of the indictment, and the evidence not authorizing the conviction under one of the counts, it was error for the court to overrule his motion for a new trial.
Judgment reversed.
2Cited by2 opinions
- McDay v. StateCourt of Appeals of Georgia · 1962
- Leach v. StateCourt of Appeals of Georgia · 1925