Griffin v. State

The defendant was convicted of possession of a forged instrument in the second degree and sentenced to five years' imprisonment.

The issue on this appeal is whether a defendant may be convicted of criminal possession of a forged instrument in the second degree where the indictment refers to the statutory citation of criminal possession of a forged instrument in the first degree.

The defendant was arrested in February of 1981 and charged by complaint with criminal possession of a forged instrument in the second degree. In April, an indictment was returned which recited the code section for first…