Benefield v. State

Although I agree with the majority's outcome, I respectfully concur only in result with its analysis of the second issue.

The heart of my disagreement is this statement by the majority: "Because knowledge of the falsity of the instrument [is] not an essential element of forgery, it follows that actual falsity is not an essential element." (Op. at 245.) The majority relies on this deduction to hold Final Instruction 6 was an incorrect statement of law because "the State was required to prove something that the statute itself does not require." (Id.) The "something" that the majority asserts the…