Lamb-Campbell v. State

• Decision Date: 03 December 1913
• Citation: 162 S.W. 879
• Parties: LAMB-CAMPBELL v. STATE.
• Court: Texas Court of Criminal Appeals

162 S.W. 879

LAMB-CAMPBELL v. STATE.

Court of Criminal Appeals of Texas.

December 3, 1913.

On Motion for Rehearing, January 28, 1914.

Appeal from District Court, Galveston County; Robt. G. Street, Acting Judge.

W. A. Lamb-Campbell was convicted of forgery, and he appeals. Affirmed.

W. F. Kelly, of Galveston, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.

HARPER, J.

Appellant was prosecuted and convicted of forgery.

The record contains neither a statement of facts, nor any bills of exception, but a motion in arrest of judgment was filed, vigorously attacking the indictment, and an able brief has been filed, presenting this ground alone for review. Omitting the formal parts, the indictment reads:

That appellant "without lawful authority and with intent to injure and defraud, did willfully and fraudulently make a false instrument in writing purporting to be the act of another, to wit, the act of H. W. St. John, treasurer of the Ætna Life Insurance Company, of Hartford, Conn., which false instrument is to the tenor following:

                  "`The Ætna Life Insurance Company of
                        Hartford, Connecticut, Office
                "`$1180                 January 21, 1913
                

"`Received from John Johnston, Agent, the sum of eleven hundred & eighty dollars being one annual premium, on policy No. 1,570,851 for Rev. W. A. Lamb-Campbell, Ins'd.

"`Next premium due January 21, 1914.

                     "`H. W. St. John, Treasurer & C.'
                

"Said instrument in writing containing impressed upon it the purported seal of the Ætna Life Insurance Company, of tenor following:

                    "`Ætna Life Insurance Co. H. C.'
                

—against the peace and dignity of the state."

The contention is that this receipt is not such an instrument upon which forgery can be based, without extrinsic averments; that there is no allegation showing whether the Ætna Life Insurance Company is a company, corporation, or individual; that there is no averment showing the connection of H. W. St. John with the Life Insurance Company; or that he had authority to execute such an instrument. It was not necessary to allege whether or not the Life Insurance Company was a corporation. Reeseman v. State, 59 Tex. Cr. R. 430, 128 S. W. 1127; Webb v. State, 39 Tex. Cr. R. 534, 47 S. W. 356; Usher v. State, 47 Tex. Cr. R. 93, 81 S. W. 309, and other cases cited in Branch's Criminal Law, § 379. The indictment does allege that H. W. St. John was treasurer of the Ætna Life Insurance Company in specific terms, and it was not necessary to allege that he had authority to issue receipts for money paid. This duty necessarily follows the holding of the office of treasurer, and...