Cagle v. State
Court of Criminal Appeals of Texas
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
- Commonwealth v. HindsMassachusetts Supreme Judicial Court · 1869
- People v. WrightNew York Supreme Court · 1832
- Dixon v. StateSupreme Court of Alabama · 1886
- Daud v. StateCourt of Criminal Appeals of Texas · 1895
- Shannon v. StateIndiana Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1959
- Reeseman v. StateCourt of Criminal Appeals of Texas · 1910
- Dillard v. StateCourt of Criminal Appeals of Texas · 1915
- Scott v. StateCourt of Criminal Appeals of Texas · 1898
- Ritter v. StateCourt of Criminal Appeals of Texas · 1915
16 more not listed; retrieve them via the Exa API.