People v. Fletcher

Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: The indictment charged appellant with uttering a forged doctor’s prescription with intent to defraud and with knowledge that it was forged (Penal Law, §§ 880, 889-b). Where the utterer and the forger of the instrument are one and the same person his knowledge of the forgery is obvious (2 Burdick, Law of Crime, § 671), but otherwise guilty knowledge must be proved (People v. Underhill, 142 N. Y. 38, 46; People v. Petty, 14 A D 2d 16; People v. Abeel, 45 Misc. 86, 93). While such knowledge may be established…