State v. Smith

The opinion of the court was delivered by

Breaux, J.

The accused, charged with forgery and sentenced to two years’ imprisonment in the State penitentiary, complains that the judge refused to instruct the jury, as follows:

First. The mere false making, without an interest to defraud some one, does not constitute the crime of forgery.

Second. The intent to defraud is the very essence of the offence.

Third. To constitute forgery the instrument when forged must be such as would tend to prejudice the rights of another, and such in law as would be available to work the intended fraud or injury, the…