Crossland v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; StyeES T. Rowe, Judge; statement by the court. Appellant was indicted for forgery and uttering a forged instrument as follows (omitting formal parts) : “The said defendant, in the district and county aforesaid, on the 1st day of November, 1905, fraudulently and feloniously did forge and counterfeit a certain writing on paper, purporting to be a check upon a bank, which said writing on paper is in substance as follows; “CHATWELL BROS.
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Appeal from Sebastian Circuit Court; StyeES T. Rowe, Judge; statement by the court. Appellant was indicted for forgery and uttering a forged instrument as follows (omitting formal parts) : “The said defendant, in the district and county aforesaid, on the 1st day of November, 1905, fraudulently and feloniously did forge and counterfeit a certain writing on paper, purporting to be a check upon a bank, which said writing on paper is in substance as follows; “CHATWELL BROS. No. .120 “Fine Wines, Liquors and Cigars, “8 North First Street. “Fort Smith, Ark., Nov. 1, 1905-. “Pay to James G.…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The motion in arrest should have been sustained. The alleged forgery was óf a bank check. In the absence of statute, such an instrument must be set forth according to its tenor. The object of the rule is to enable the court to determine whether it is a writing that can be forged. 2 Bish. Cr. Proc. § 403. The mere substance or effect of the forged writing will not suffice, unless the instrument is lost or destroyed, is in the possession of the defendant, or otherwise wholly inaccessible to the pleader. Where such is the case, the disabling fact should be…
2Cases cited2 opinions
- McDonnell v. StateSupreme Court of Arkansas · 1893
- State v. BonneySupreme Judicial Court of Maine · 1852
3Cited by10 opinions
- Akin v. StateSupreme Court of Florida · 1923
- Underwood v. StateSupreme Court of Arkansas · 1943
- State v. SmallSupreme Court of Missouri · 1926
- Walker v. StateSupreme Court of Arkansas · 1926
- Finn v. StateSupreme Court of Arkansas · 1917
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