State v. Burtenshaw
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Adams County. Hon. Edward A. Walters of the Fourth Judicial District, presiding. Prosecution for the crime of forgery. Demurrer to the information sustained by the trial court and the state appeals. Forgery can be committed with respect to any instrument, which, if genuine, might operate to prejudice or injure another.
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APPEAL from the District Court of the Seventh Judicial District for Adams County. Hon. Edward A. Walters of the Fourth Judicial District, presiding. Prosecution for the crime of forgery. Demurrer to the information sustained by the trial court and the state appeals. Forgery can be committed with respect to any instrument, which, if genuine, might operate to prejudice or injure another. (Sec. 7028, Rev. Codes; see. 470, Penal Code of California; People v. Bendit, 111 Cal. 274, 280, 52 Am. St. 186, 43 Pac. 901, 31 L. R. A. 831, 834; People v. Tomlinson, 35 Cal. 503; Ex parte Finley, 66 Cal.…
1Opinion of the CourtAilshie, C. J.
The defendant, who is respondent here, was charged by the information of the prosecuting attorney of Adams county with the crime of forgery. The trial court sustained a demurrer to the information and the state has appealed. The charging part of the information is as follows:
“That at Adams county, State of Idaho, on or about the 9th day of November, 1912, the said defendant, L. L. Burtenshaw, who, then and there being and being then and there a licensed attorney-at-law under the laws of the state of Idaho, and following the business of an attorney and counselor at law as a principal and usual…
2Cases cited3 opinions
- Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1876
- People v. BenditCalifornia Supreme Court · 1896
- State v. SwensenIdaho Supreme Court · 1905
3Cited by5 opinions
- State v. McDermottIdaho Supreme Court · 1932
- State v. BoyleIdaho Supreme Court · 1947
- Bruce v. FrameIdaho Supreme Court · 1924
- Boise-Kuna Irrigation District v. HartsonIdaho Supreme Court · 1929
- Garvin v. First National BankIdaho Supreme Court · 1931