Jackson v. State, 31072

• Decision Date: 12 July 1967
• Docket Number: No. 31072,31072
• Parties: Gerald Wallace JACKSON, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 3

228 N.E.2d 3

248 Ind. 579

Gerald Wallace JACKSON, Appellant, v. STATE of Indiana, Appellee.

No. 31072.

Supreme Court of Indiana.

July 12, 1967.

Palmer K. Ward, Indianapolis, for appellant. John J. Dillon, Atty. Gen., Charles J. Deiter, Deputy Atty. Gen., Indianapolis, for appellee.

MOTE, Judge.

The Appellant, Gerald Wallace Jackson, was charged by affidavit filed in the Criminal Court of Marion County, Division One with the crime of uttering a forged instrument. The affidavit, omitting the formal parts, is as follows:

'BE IT REMEMBERED, That, on this day before me, Noble R. Pearcy, Prosecuting Attorney for the Nineteenth Judicial Circuit, personally came Robert Munshower who, being duly sworn, upon his oath says that Gerald Wallace Jackson on or about the 28th day of June, A.D. 1965, at and in the County of Marion in the State of Indiana, did then and there unlawfully, feloniously and knowingly utter, publish, pass and deliver to Guarantee Auto Stores, Inc., a corporation, as true and genuine, a certain false, forged and counterfeit check for the payment of money, towit One Hundred Ten Dollars ($110.00) in lawful money, said pretended check purporting to have been made and executed by one Bassett's by Wilbur L. Chenault in favor of Leon F. Terrell which said false, forged and counterfeit check is of the following tenor, viz:

'Bassett's

Paul Sallee Owner

892 Mass. Ave.

Indianapolis, Ind. 46204

Pay to the Order of Leon F. Terrell Basset's 110 Dols 00 cts

June 28, 1966 $110.00 Dollars

Merchants National Bank

& Trust Company of

Indianapolis

Indianapolis, Indiana

BASSETT'S

Wilbur L. Chenault /s/

Wilbur L. Chenault

712 0006

00 74 1534'

with intent then and there and thereby feloniously, falsely and fraudulently to defraud the said Guarantee Auto Stores, Inc., a corporation, the said Gerald Wallace Jackson then and there well knowing the said check to be false, forged and counterfeit, then and there being contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Indiana.'

The statute, in pursuance of which the Appellant was charged and found guilty, is found in Burns' Stat.Anno. 1956 Repl. § 10--2102, the significant part of which reads as follows:

'Whoever falsely makes, or assists in making, defaces, destroys, alters, forges, counterfeits, prints, or photographs * * * any * * * check * * * or utters or publishes as true any such instrument or matter, knowing the same to be false, defaced, altered, forged, counterfeited, falsely printed or photographed, with intent to defraud any person, body politic or corporate shall, on conviction, be imprisoned in the state prison not less than two (2) years nor more than fourteen (14) years, and fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000).'

Appellant pleaded not guilty and was tried by a jury which returned a verdict against him. The trial judge, on the finding of guilty, sentenced Appellant, twenty-one years of age, to the Indiana State Reformatory for a period of not less than two nor more than fourteen years and fined him in the sum of $75.00 and costs.

In his Assignment of Errors, Appellant asserts that the trial court erred in overruling the Motion for New Trial for the reasons that the verdict of the jury was not sustained by sufficient evidence and was contrary to law and that there was no evidence that the signature on the back of the check was in fact a forgery and consequently, there was no proof that in fact such endorsement was a forgery. Furthermore, Appellant asserts that there was error in the admission of the State's Exhibits 3 and 4, being a gold watch and a gold ring. Although he does not set out his objection to the offer and admission of said Exhibits, Appellant does assert that there was an objection made when the witness could not identify the objects as having been worn by said Appellant.

Appellant's assertion that there was no evidence to support the verdict is without merit. Bearing in mind that this Court will not weigh the evidence introduced in the trial court and that the evidence most favorable to the State will be considered, there is ample evidence to support the charge. Beck v. State (1958) 238 Ind. 210, 149 N.E.2d 695.

The Appellant was attempting to purchase some tires and hub caps from Guarantee Auto Store in the Eagledale Shopping Center in Marion County, Indiana. He produced a payroll check to be cashed, with part of the money to be applied on the purchase price of said items. Although the endorsement already was on the said check, Appellant was requested to write his address and telephone number thereon. The address was written on the check in the presence of Mr. Martin, assistant manager of the store. A police officer came to the counter in the store and asked Mr. Martin if the check on the counter was the one which Appellant was trying to cash. Upon receiving an affirmative answer, the police officer handed the check to Appellant and asked him if he was trying to cash said check. Appellant then handed the check to Mr. Martin, who then gave the check to the police officer, who asked Appellant for identification. Since Appellant did not have any identification with him, he and the officer left the store.

The police officer, Lt. Robert Munshower, testified that on the evening of June 28, 1965, while working at the Eagledale Shopping Center, he observed Appellant standing at the counter of the Guarantee Auto Store; that after learning that Appellant was trying to cash a check, he asked Appellant if the check lying...