State v. Treadway

BROCK, Chief Judge.

Defendant argues that the count in the bill of indictment which alleges the forgery is fatally defective because it “fails to recite in explicit language that the instrument was apparently capable of effecting a fraud.” This argument is wholly without merit.

The instrument alleged to have been forged in this indictment was a check drawn on the account of one Howard M. Gorham in the Northwestern Bank, Asheville, North Carolina. This is the type instrument used in daily transactions for the purchase and sale of merchandise. Upon its face it was apparently capable of effecting…