State v. Viquesney

Hatcher, President:

The defendant was impleaded in the circuit court of Barbour county, upon an indictment which contained two counts. The first count charged him with forging a certain promissory mote, and the second count with uttering the note. Before the Trial the defendant moved to quash the indictment, and each count thereof, and also demurred to the same, both of which motions the court overruled. Later, during the trial, the court struck out the first count, and the defendant was found .guilty under the second.

The forgery of the note is not alleged in positive and direct terms in the…