Small v. State, 471S104

• Decision Date: 26 September 1972
• Docket Number: No. 471S104,471S104
• Citation: 287 N.E.2d 334,259 Ind. 349
• Parties: Robert C. SMALL, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 334

287 N.E.2d 334

259 Ind. 349

Robert C. SMALL, Appellant, v. STATE of Indiana, Appellee.

No. 471S104.

Supreme Court of Indiana.

Sept. 26, 1972.

Gil I. Berry, Jr., Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., William D. Bucher, Deputy Atty. Gen., for appellee.

GIVAN, Justice.

Appellant was found guilty of counterfeiting licenses for the operation of motor vehicles contrary to IC 1971, 9--1--7--1 as found in Burns' Ind.Stat.Ann., 1965 Repl., § 47--2917, which reads as follows:

'Whoever shall by photostatic, photographic, photo-copy, photo-engravure or other similar or related means falsely counterfeit or reproduce, or whoever shall by any other means whatsoever falsely reproduce or counterfeit any certificate of title for any motor vehicle, semitrailer, or house car; or any certificate of registration for any motor vehicle, semitrailer, or house car; or an operator's license, or chauffeur's license, or public passenger chauffeur's license, or any current driving license, with intent to use the same, or with intent that the same may be used by some other person; or whoever shall cause or procure or knowingly assist any of the foregoing actions, with the intent aforesaid, shall be guilty of a misdemeanor and shall, upon conviction, be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) to which may be added imprisonment for any term not to exceed six (6) months. (Acts 1957, ch. 86, § 1, p. 146.)'

Appellant was sentenced to the Indiana State Farm for six months and fined $500 and costs.

The record discloses the following facts:

On December 31, 1968, the appellant was indicted by the Marion County Grand Jury for forgery as defined in IC 1971 35--1--124--1 as found in Burns' Ind.Stat.Ann., 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, 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). (Acts 1905, ch. 169, § 676, p. 584.)'

That indictment stated in substance that the appellant had forged a certain Indiana Driver's License. On January 21,...