Teague v. State
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Frederick D. Fulkerson, Judge, on exchange; statement by the court. Appellant, W. F. Teague, was indicted for the crime of forgery and of uttering a forged instrument. The jury returned a verdict of guilty °on the second count, and fixed his punishment at a term of two years.
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Appeal from Arkansas Circuit Court; Frederick D. Fulkerson, Judge, on exchange; statement by the court. Appellant, W. F. Teague, was indicted for the crime of forgery and of uttering a forged instrument. The jury returned a verdict of guilty °on the second count, and fixed his punishment at a term of two years. The second count of the indictment’ is as follows: “The grand jury, in the name and by the authority of the State of Arkansas, accuse the said W. F. Teague of the further crime of uttering a forged writing, committed as follows, towit: The said W. F. Teague, in the county and State…
1Opinion of the Court
Hart, J.,
(after stating the fficts.) Appellant contends that the indictment is bad because the words “tenor, purport and effect” were used in describing the note alleged to have been forged and uttered. The word “tenor,” used in an indictment, imports an exact copy. McDonnell v. State, 58 Ark. 242; Crossland v. State, 77 Ark. 537. The words “purport and effect” mean the substance of an instrument, and were, therefore, surplusage in the indictment, for their meaning does not conflict with that of the word “tenor,” but is rather included and expressed in it.
2. Appellant, also, contends that…
2Cases cited5 opinions
- McDonnell v. StateSupreme Court of Arkansas · 1893
- Crossland v. StateSupreme Court of Arkansas · 1906
- Carroll v. StateSupreme Court of Arkansas · 1903
- Blevins v. StateSupreme Court of Arkansas · 1908
- Read v. StateSupreme Court of Arkansas · 1897
3Cited by4 opinions
- Finn v. StateSupreme Court of Arkansas · 1917
- Godard v. StateSupreme Court of Arkansas · 1911
- Evans v. StateSupreme Court of Arkansas · 1910
- State v. MasonSupreme Court of Arkansas · 1922