Legal Opinion

State v. Calhoun

Supreme Court of Kansas

Decided February 9, 1907No. 14,947PublishedCited by 11 opinions

Appeal from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. H. Calhoun was prosecuted on a charge of forgery.

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Appeal from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. H. Calhoun was prosecuted on a charge of forgery. The National Bank of Commerce of Wichita loaned to H. Calhoun forty dollars, for which he gave his individual note, and as collateral security he delivered to the bank three small notes, among them one note for forty dollars, payable to his own order four months after date, and purporting to have been executed by F. L. McAlister, W. A. McAlister, and Isaac Fink. The prosecution was based on the giving of this collateral note. In the information it was charged: ' “That H.…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, C. J.:

The appellant contends that he was prosecuted under section 133 of the crimes act (Gen. Stat. 1901, § 212,6), and that the information does not sufficiently charge the offense defined in that section. The act denounced in that section is not the uttering or passing of forged paper, but it is the sale, exchange or delivery of-forged paper, or the offer to sell, exchange or deliver such paper, with the. intention of having the same uttered or passed by another. It will be observed that Calhoun is not charged with delivering the note to…

2Cases cited1 opinion

  1. State v. PattersonSupreme Court of Missouri · 1893

3Cited by11 opinions

  1. State v. DunnSupreme Court of Kansas · 2016
  2. State v. KingSupreme Court of Kansas · 1922
  3. State v. ChanceSupreme Court of Kansas · 1910
  4. State v. LescoSupreme Court of Kansas · 1965
  5. State v. NordmarkSupreme Court of Kansas · 1911

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