State v. Young
Supreme Court of Missouri
Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) Signing a deed, and taking and certifying an. acknowledgment to it, are separate and distinct acts. One is a private act, the other an official act; both cannot be done by the same person. And the forgery of a deed and the forgery of a certificate of acknowledgment to a deed are separate and distinct offenses.
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Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) Signing a deed, and taking and certifying an. acknowledgment to it, are separate and distinct acts. One is a private act, the other an official act; both cannot be done by the same person. And the forgery of a deed and the forgery of a certificate of acknowledgment to a deed are separate and distinct offenses. Sec. 4636, R. S. 1909; State v. Tobie, 141 Mo. 547; State v. Reed, 141 Mo. 546. The evidence of Abernathy that the certificate of acknowledgment was forged did not prove, or tend to prove, that the deed itself was forged.…
1Opinion of the CourtKennish, P. J.
At the November term, 1910, of the. circuit court of Dent county, the defendant was convicted of the offense of having in his possession a forged deed, with intent to defraud by uttering the same as true, in violation of the provisions of- section 4654, Revised Statutes 1909. His punishment was assessed at ten months’ imprisonment in the county jail, and he appealed to this court.
The indictment upon which the defendant was prosecuted contained two counts. The first charged him with having forged a deed, purporting to have been executed by one Richard M. Boyle, conveying to him, defendant,…
2Cases cited10 opinions
- State v. HendersonSupreme Court of Missouri · 1905
- State v. FrancisSupreme Court of Missouri · 1906
- State v. CrabtreeSupreme Court of Missouri · 1902
- Robinson v. StateSupreme Court of Missouri · 1849
- State v. GermanSupreme Court of Missouri · 1874
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3Cited by6 opinions
- State v. SkibiskiSupreme Court of Missouri · 1912
- State v. HumphreySupreme Court of Missouri · 1949
- State v. PattersonSupreme Court of Missouri · 1941
- State v. CantrellSupreme Court of Missouri · 1928
- State v. CraigSupreme Court of Missouri · 1931
1 more not listed; retrieve them via the Exa API.