State v. Brown

GRAHAM, Judge.

Defendant’s sole assignment of error is to the court’s denial of his motion for nonsuit as to the forgery count.

The common law definition of forgery obtains in this State since the statutes relating to forgery do not define it. Trust Co. v. Casualty Co., 231 N.C. 510, 57 S.E. 2d 809. Three elements are necessary to constitute the offense: (1) There must be a false making or other alteration of some instrument in writing; (2) there must be a fraudulent intent; and (3) the instrument must be apparently capable of effecting a fraud. State v. Greenlee, 272 N.C. 651, 159 S.E. 2d 22;…