Legal Opinion

Cagle v. State

Court of Criminal Appeals of Texas

Decided March 23, 1898No. 1513PublishedCited by 21 opinions

The indictment is set out in the opinion. A motion was made to quash upon the grounds, first, said indictment does not sufficiently allege or show that the instrument charged to have been passed was forged; second, it fails to appropriately and sufficiently charge that said instrument was a forged instrument, the allegation that it was such being merely a conclusion.

Read the full summary

The indictment is set out in the opinion. A motion was made to quash upon the grounds, first, said indictment does not sufficiently allege or show that the instrument charged to have been passed was forged; second, it fails to appropriately and sufficiently charge that said instrument was a forged instrument, the allegation that it was such being merely a conclusion. It fails to show how and in what manner Fred Fleming, to whom it is alleged said instrument was passed, could have-been defrauded. Ho further statement required.

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of uttering a forged instrument in writing, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.

Appellant made a motion to quash the indictment, which was overruled, and he assigns this action of the court as error. The charging part of the indictment is as follows: That Len Cagle, “did willfully, knowingly, and fraudulently pass as true to Fred Fleming a forged instrument in writing to the tenor following: ‘Office of Fred Fleming. Corsicana, Texas, Feb. 18th, 1895. Know all men by these, presents,…

2Cases cited6 opinions

  1. Commonwealth v. HindsMassachusetts Supreme Judicial Court · 1869
  2. People v. WrightNew York Supreme Court · 1832
  3. Dixon v. StateSupreme Court of Alabama · 1886
  4. Daud v. StateCourt of Criminal Appeals of Texas · 1895
  5. Shannon v. StateIndiana Supreme Court · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Mitchell v. StateCourt of Criminal Appeals of Texas · 1959
  2. Reeseman v. StateCourt of Criminal Appeals of Texas · 1910
  3. Dillard v. StateCourt of Criminal Appeals of Texas · 1915
  4. Scott v. StateCourt of Criminal Appeals of Texas · 1898
  5. Ritter v. StateCourt of Criminal Appeals of Texas · 1915

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API