State v. Mills
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William Zacheitz, Judge. The second count of the indictment (upon which defendant was convicted) does not charge forgery in the first degree.
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Appeal from St. Louis City Circuit Court. — Hon. William Zacheitz, Judge. The second count of the indictment (upon which defendant was convicted) does not charge forgery in the first degree. It follows the language of the sections 3644 and 3645 of Revised Statutes 1889, by charging that defendant had in his possession a forged instrument with intent to defraud by uttering and passing, and that he sold and delivered such forged instrument with intent to have the same uttered and passed. Each of these sections describes the offense as forgery in the fourth degree. While the count is bad for…
1Opinion of the CourtG-antt, P. J.
The defendant having been convicted of forgery and sentenced to ten years’ imprisonment in the penitentiary appeals to this court for a reversal of his sentence.
He assigns only one ground of error.
He insists that the second count of the indictment under which he was convicted does not charge him with forgery in the first degree, and the circuit court erred in instructing the jury as to the minimum punishment. He maintains that the pleader evidently intended to charge an offense under sections 3644 and 3645, which sections define forgery in the fourth degree.
The controverted count is in these…
2Cases cited4 opinions
- State v. BullockSupreme Court of Alabama · 1848
- State v. LittleSupreme Court of Vermont · 1828
- State v. HornerSupreme Court of Missouri · 1871
- State v. WatsonSupreme Court of Missouri · 1877
3Cited by7 opinions
- State v. HarrounSupreme Court of Missouri · 1906
- State v. StarkSupreme Court of Missouri · 1907
- State v. KohlerNew Jersey Superior Court Appellate Division · 1956
- State v. ThieraufSupreme Court of Missouri · 1902
- State v. PlotnerSupreme Court of Missouri · 1920
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