Carter v. State

Birdsong, Judge.

Dewey Carter, Jr. was found guilty of forgery in the first degree upon a bench trial. On appeal his sole enumeration of error is the allowance into evidence of exemplars to be used for handwriting comparison which the state had not submitted to the defense for examination prior to trial as required by Code § 38-709.

The record reveals that the state presented certain exhibits which bore the appellant’s signature. Exhibit 1 was the forged check made out to appellant which he had attempted to cash. Exhibit 2 was his driver’s license. Exhibit 3 was a waiver of rights form signed…