State v. Murphy

The opinion of the court was delivered by

Wedell, J.:

This was a criminal prosecution for forgery. The first count charged the forging of a check and the second count the uttering of the same check. Defendant was acquitted on the former and convicted of the latter. He appeals and urges three grounds of error.

*243Appellant exchanged a check in the sum of $340 for two head of mules. Further facts will be narrated under the various contentions. His first contention is the trial court erred in refusing to give a requested instruction on the subject of forgery. While the forgery count is eliminated from…