Bruner v. State, 24751.

Docket NºNo. 24751.
Citation201 Ind. 33, 164 N.E. 272
Case DateApril 16, 1929
CourtSupreme Court of Indiana

201 Ind. 33
164 N.E. 272


No. 24751.

Supreme Court of Indiana.

Dec. 18, 1928.
As Modified April 16, 1929.

Appeal from Kosciusko Circuit Court; Lemuel W. Rayse, Judge.

Earl Bruner was convicted of forgery, and he appeals. Affirmed.

Widaman & Widaman, of Warsaw, and H. N. Spaan, of Indianapolis, for appellant.

U. S. Lesh, Atty. Gen., for the State.


The grand jury of Kosciusko county returned in the Kosciusko circuit court an indictment in six counts against the appellant. The appellant filed a motion to quash each count of the indictment, and this motion was sustained as to the first, second, and third counts and overruled as to the fourth, fifth, and sixth counts. In these last-named counts it was charged that the appellant did then and there unlawfully, feloniously, fraudulently, and knowingly draw, publish, pass, and deliver to the Indiana Loan & Trust Company of Warsaw, Ind., a certain forged and counterfeit note for the payment of a sum of money. ***

The case was tried upon the fourth, fifth, and sixth counts.

The fourth count charges that the name of Henry Ford appearing on said instrument as one of the makers was false and had been forged and counterfeited. The charging part of the fifth count is the same as that in the fourth, except that the name of Mary Ford is used instead of Henry Ford as the person whose name was forged. The sixth count is the same as in the fourth and fifth counts, except that the names of both Henry and Mary Ford are mentioned as the persons whose names are forged.

The appellant pleaded not guilty to the fourth, fifth, and sixth counts. A trial by jury resulted in a verdict against the appellant as follows: “We, the jury, find the defendant guilty of forgery as charged in the indictment.”

Appellant's brief alleges as errors relied upon for reversal: (1) The court erred in overruling appellant's fifth reason in his motion for a new trial, that the verdict of the jury is not sustained by sufficient evidence. (2) The court erred in sustaining a demurrer to the petition of appellant for a writ in the nature of coram nobis. (3) The court erred in pronouncing judgment on the verdict which found the defendant guilty of forgery, when he was not tried for forgery, but for knowingly uttering a forged instrument.

[1] It is evident that the indictment is based upon section 2946 (2587), Burns' R. S. 1926. It has been held that an indictment under this statute may charge the forging and uttering and publishing of a forged instrument without being bad for duplicity. State v. Fidler, 148 Ind. 221, 47 N. E. 464;Selby v. State, 161 Ind. 667, 69 N. E. 463.

No motion for a venire de novo was made, and no exception appears by appellant's brief to have been taken to the ruling of the court on the motion for a new trial.

[2][3] The appellant's brief does not show that any exception was taken by appellant to any of the rulings of the court set forth in appellant's assignment of errors, and therefore there is no question on said rulings presented by said brief. In appellant's brief he sets out what purports to be his “Points and Authorities.” These are not separately numbered and are not under a separate heading of each error relied on, as required by the rules of this court. See Rule 22 of Supreme Court rules.

In the statement of the record said rule is again violated in that, in appellant's brief, in which he attempts to present the errors relied on, appellant wholly fails to refer to the pages and lines of the transcript where

[164 N.E. 273]

such parts of the record as he attempts to present are found. In his condensed recital of the evidence, comprising 17 pages of his brief and purporting to cover some 109 pages of the transcript, no reference is made to the pages or lines in the transcript where the evidence recited may be found.

The appellant's first assignment of error is the overruling of his motion for a new trial. There is no statement in the brief that an exception to...

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