Rawlings v. State
Supreme Court of Arkansas
Appeal from Boone Circuit Court; John 1. Worthington, Judge; STATEMENT BY THE COURT. Riley Rawlings, appellant, was indicted as Riley Rollins, jointly with Abe Curry, for forgery of -a cheek and littering the forged instrument. He was tried separately, the court instructed a verdict in his favor on the charge of forgery, and he was convicted for uttering the forged instrument, 'and from the judgment has appealed.
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Appeal from Boone Circuit Court; John 1. Worthington, Judge; STATEMENT BY THE COURT. Riley Rawlings, appellant, was indicted as Riley Rollins, jointly with Abe Curry, for forgery of -a cheek and littering the forged instrument. He was tried separately, the court instructed a verdict in his favor on the charge of forgery, and he was convicted for uttering the forged instrument, 'and from the judgment has appealed. The indictment, formal parts omitted, charged the commission of the offense as follows: ‘ ‘ The said Riley Rollins and Abe Curry, in the county aforesaid, on the 10th day of April,…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended first for reversal that there was a variance between the proof and the allegations of the indictment, since the check alleged to be uttered as a f orged instrument, was drawn on the Peoples’ Bank of Harrison, as shown by the copy set out in the indictment and the check introduced in evidence, while the indictment stated it purported to be a check drawn on the Citizens’ Bank of Harrison.(1) The indictment was not insufficient on this account, nor was there a variance in the proof of the instrument alleged to have been uttered in producing…
2Cases cited2 opinions
- Robinson v. BlackSupreme Court of Arkansas · 1907
- Read v. StateSupreme Court of Arkansas · 1897