State v. Pullens
Supreme Court of Missouri
Appeal from Livingston Circuit Court.—Hon. J. M. I)avis, Judge. 1. It cannot be contendea that a promissory note can purport to be signed by J. J. Lawson by any name except J. J. Lawson. 1 Whar. Crim. Law, (Ed. 1874) § 842 a; Bouvier’s Law Die.,Title “Purport.” 2. Private corporations must be pleaded. 2 Whar. Crim. Law, (Ed. 1874) §§ 1458, 1488, Revised Statutes, section 1915, 1821, do not aid the State.
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Appeal from Livingston Circuit Court.—Hon. J. M. I)avis, Judge. 1. It cannot be contendea that a promissory note can purport to be signed by J. J. Lawson by any name except J. J. Lawson. 1 Whar. Crim. Law, (Ed. 1874) § 842 a; Bouvier’s Law Die.,Title “Purport.” 2. Private corporations must be pleaded. 2 Whar. Crim. Law, (Ed. 1874) §§ 1458, 1488, Revised Statutes, section 1915, 1821, do not aid the State. Where no one could be defrauded, there can be no intent to defraud. 3 G-reenlf. Ev., § 103; People v. Fitch, 1 Wend. 198; Colvin v. State, 11 Ind. 361. The demurrer should, therefore, have…
1Opinion of the CourtHough, C. J.
The defendant, in this ease was convicted of the crime of forgery. The material portions of the indictment are as follows: “ That one Turner Pullens * * unlawfully and feloniously did falsely make, sign and counterfeit a certain instrument in writing, commonly called a promissory note, payable to the order of the People’s Savings Bank, and purporting to be signed by the said Turner Pullens, and also by one J. J. Lawson, by the signature of Jackson Lossene, and dated at Chillicothe, Mo., on the - day of January, 1883, whereby a pecuniary demand and obligation for the payment of $85 at the…
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