Legal Opinion

France v. State

Mississippi Supreme Court

Decided October 15, 1903PublishedCited by 5 opinions

From the circuit court of Claiborne county. Hon. George Anderson, Judge. France, appellant, was indicted, ■ tried and convicted of forgery, and appealed to the supreme court.

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From the circuit court of Claiborne county. Hon. George Anderson, Judge. France, appellant, was indicted, ■ tried and convicted of forgery, and appealed to the supreme court. The indictment, leaving off the formal parts, is as follows: “That Louis France, late of the county aforesaid, on the 14th day of January, 1903, with force and arms, at the county aforesaid, did then and there wittingly, falsely and feloniously make and forge the name of one J. M. Flowers to a certain writing on paper purporting to be an order or recommendation to A. A. Tichte, doing business in Port Gibson, said state,…

1Opinion of the Court

Whitsteld, O. J.,

delivered the opinion of the court.

The indictment cannot be sustained on § 1112, Code 1892, upon which it was drawn. That section has no application to the state of case developed by the testimony. The writing 'set *285out in the indictment is, however, a paper, such in its nature that forgery can be predicated of it. It is such a paper as that, if genuine, the right of Flowers might be affected thereby. Section 1106, Id., omitting the clauses and words not pertinent to this case, reads as follows: “Every person who, with intent to injure or defraud, shall falsely make, alter,…

2Cases cited1 opinion

  1. Dixon v. StateSupreme Court of Alabama · 1886

3Cited by5 opinions

  1. Mackguire v. StateMississippi Supreme Court · 1907
  2. Griffin v. StateMississippi Supreme Court · 1909
  3. May v. StateMississippi Supreme Court · 1917
  4. Poythress v. StateMississippi Supreme Court · 1911
  5. State v. ChapmanMississippi Supreme Court · 1912

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