Holloway v. State
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; 1. The evidence does not sustain the verdict because (a) ■it wholly fails to connect appellant with the offense charged in the indictment, (b) The evidence does not tend to prove that the instrument of writing in evidence was the one upon which the alleged forged signatures were written, (c) No competent evidence to show that Turner obtained judgment against the Dixie Mutual Company et al.
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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; 1. The evidence does not sustain the verdict because (a) ■it wholly fails to connect appellant with the offense charged in the indictment, (b) The evidence does not tend to prove that the instrument of writing in evidence was the one upon which the alleged forged signatures were written, (c) No competent evidence to show that Turner obtained judgment against the Dixie Mutual Company et al. If there was no judgment, there could be no liability on the bond, and the latter could not be the subject of forgery. 19 Cyc. 1406; 61 S. W. 478;…
1Opinion of the CourtMcCulloch, C. J.
The defendant, H. W. Holloway, was indicted by the grand jury for the crime of forgery, alleged to have been committed by forging a bond staying a certain judgment of the circuit court of Phillips County, rendered in favor of E. M. Turner against the Dixie Mutual Eire Insurance Company. The instrument of writing alleged to have been forged is set out in full in the indictment, and the sufficiency of the indictment has not been questioned by demurrer or otherwise. A trial resulted in a verdict of conviction, and the court rendered judgment accordingly, and subsequently overruled defendant’s…
2Cases cited1 opinion
- Elsey v. StateSupreme Court of Arkansas · 1886
3Cited by8 opinions
- Maloney v. StateSupreme Court of Arkansas · 1909
- Jones v. StateCourt of Criminal Appeals of Oklahoma · 1940
- Cranford v. StateSupreme Court of Arkansas · 1917
- Poe v. StateSupreme Court of Arkansas · 1971
- Godard v. StateSupreme Court of Arkansas · 1911
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