Maddox v. State

• Citation: 13 S.E. 559,87 Ga. 429
• Parties: Maddox v. State.
• Decision Date: 08 July 1891
• Court: Supreme Court of Georgia

13 S.E. 559

87 Ga. 429

Maddox

v.State.

Supreme Court of Georgia.

July 8, 1891.

Forgery op License as Teacher.

No provision of the Penal Code of this state makes it an offense to utter and publish as true a false and fraudulent certificate or license issued by the county school commissioner to a teacher.

(Syllabus by the Court.)

Error from superior court, Houston county; A. L. Miller, Judge.

Indictment of J. W. Maddox, alias W. J. Maddox, for forgery. "Verdict of guilty. Defendant brings error. Reversed.

L. J. Gartrell, J. T. Spence, C. H. Brand, and Harrison & Peeples, for plaintiff in error.

W. H. Felton, Jr., Sol. Gen., for the State.

Bleckley, C. J. The first section of the seventh division of the Penal Code enumerates certain instruments of writing, and deals with falsely and fraudulently making, forging, altering, or counterfeiting the same, causing or procuring it to be done, or willingly aiding or assisting in the doing thereof, by any person or persons, and proceeds as follows: "Or shall utter or publish as true any false, fraudulent, forged, altered, or counterfeited audited certificate, governor's, president's, speaker's, public officer's, court's, or other dulyauthorized person's certificate, draft, warrant, or order, so as aforesaid issued, or purporting to have been issued, or any deed, will, testament, bond, writing obligatory, bill of exchange, promissory note, or order for money or goods, or other thing or things of value, or any acquittance or receipt for money or goods, or other thing or things of value, or any indorsement or assignment of any bond, writing obligatory, bill of exchange, promissory note, or order for money or goods, or other thing or things of value, with intent to defraud the said state, public officers, courts, or persons authorized as aforesaid, or any other person or persons whatsoever, knowing the same to be so falsely and fraudulently made, forged, altered, or counterfeited. Every such person so offending, and being thereof lawfully convicted, shall be punished by imprisonment and labor in the penitentiary for any time not less than four years nor longer than ten years. " Code, § 4442. By the act of October 27. 1887, relating to common schools, the county board of education are authorized, upon the report and recommendation of the county school commissioner, to grant to applicants licenses as teachers. Acts 1887, p. 76, § 29. In practice it would seem that the issuing of licenses granted by the board devolves upon...