Sanford v. State

• Decision Date: 26 January 1971
• Docket Number: No. 768S113,768S113
• Parties: James William SANFORD, Jr., Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 701

265 N.E.2d 701

255 Ind. 542

James William SANFORD, Jr., Appellant, v. STATE of Indiana, Appellee.

No. 768S113.

Supreme Court of Indiana.

Jan. 26, 1971.

Ralph L. Jewell, Columbus, for appellant.

John J. Dillon, Former Atty. Gen., Murray West, Former Deputy Atty. Gen., for appellee.

GIVAN, Judge.

Appellant was charged with the crime of uttering a forged instrument. However, the instructions given to the jury, including a form of verdict, were all directed to the crime of forgery, and the verdict rendered by the jury was guilty of forgery 'as charged in the affidavit.' Appellant was sentenced to the Indiana State Reformatory for not less than two nor more than fourteen years and fined in the sum of $10.

The crimes of forgery and uttering a forged instrument are both set out in Burns' Ind. Stat., 1956 Repl., § 10--2102, which reads as follows.

'Whoever falsely makes, or assists in making, defaces, destroys, alters, forges, counterfeits, prints, or photographs, or causes to be falsely made, defaced, destroyed, altered, forged, counterfeited, printed or photographed, any record or authentic matter of a public nature, deed, will, codicil, lease, bond, covenant, writing obligatory, bank bill or note, check, bill of exchange, or any acceptance or indorsement of any bill of exchange, promissory note for the payment of money or other property, or any post note, acquittance or receipt either for money or property, or any acquittance, release or discharge of any debt, account, action, suit, demand or other thing, real or personal, or any order, warrant or request for the payment of money, or any auditor's warrant, treasury note, county order, city order, indorsement of any promissory note, draft, or order or assignment of any bond, writing obligatory, or promissory note for money or property, or any order or draft for the payment of money or property, or any lawful brand on a tobacco leaf, bacon or pork cask, lard keg or barrel, salt barrel or hay bale, or any ticket, check, order, coupon receipt for fare or pass, printed, written, lithographed or engraved, issued by any railroad or other transportation company or by the manager, lessee, agent or receiver thereof, or any plat, draft or survey of land, or transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or any power or authority to receive money, or to receive and transfer stock or annuities, or to let, lease, dispose of, alien or convey any goods or chattels, lands or tenements, or other estate, real or personal, certificate of a justice of the peace or other public officer, or any other instrument in writing, with intent to defraud any person, body politic or corporate, or utters or publishes as true any such instrument or matter, knowing the same to be false, defaced, altered, forged,...