State v. Todd

• Decision Date: 23 February 1923
• Docket Number: No. 24154.,24154.
• Citation: 248 S.W. 939
• Parties: STATE v. TODD.
• Court: Missouri Supreme Court

248 S.W. 939

STATE v. TODD.

No. 24154.

Supreme Court of Missouri, Division No. 2.

February 23, 1923.

Appeal from Circuit Court, Washington County; J. Hugo Grimm, Judge.

George S. Todd was convicted of forgery in third degree, and he appeals. Affirmed.

Jesse W. Barrett, Atty. Gen., and J. Henry Caruthers, Asst. Atty. Gen., for the State.

DAVIS, C.

Appellant was charged in the information filed on the 27th day of November, 1920, by the prosecuting attorney of Washington county, with forgery in the third degree. The information contained two counts, one for forging said note, and the other for selling and delivering same with intent to injure and defraud. Appellant was convicted on the forgery count, which is as follows:

"Now at this day comes Chas. H. Richeson, prosecuting attorney for the state of Missouri, in and for the body of the county of Washington, and upon his official oath and upon his hereto appended oath informs the court that Geo. S. Todd, on the 9th day of November, 1920, at and in the county of Washington, state of Missouri, unlawfully, feloniously, and willfully did forge, counterfeit, and falsely make a certain false, forged, and counterfeited promissory note, which said promissory note was then and there an instrument of writing purporting to be the act of another, and which said instrument of writing purported to create a pecuniary demand and obligation, which said false, forged, and counterfeited note and instrument of writing is of the purport and effect as follows, to wit:

                  "`1,500.00.        Potosi, Mo., Nov. 9-20
                

"`Fifteen days after date, for value received, I, we, or either of us, promise to pay to the order of Bank of Potosi, fifteen hundred and. no/100 dollars with interest from date at the rate of 8 per cent. per annum, payable annually the makers and indorsers hereon hereby severally waive protest, notice, and demand and consent that no extension of time of payment with or without our knowledge shall relieve us or either of us from the obligation of payment. Negotiable and payable at Bank of Potosi, Potosi, Mo.

                  "`P. O. Address, Irondale, Mo
                  "`No. 8953. Due Nov. 24, 1920
                                         "`Geo. S. Todd
                                         "`L. W. Casey.
                                         "`Wm. E. Casey.'
                

"Which said promissory note had three ten cent Revenue Stamps canceled on the back thereof with the following cancellation: 11-9-20 G. S. T., with the felonious intent thereby then and there to injure and defraud, against the peace and dignity of the state."

Appellant filed a motion to quash, which the trial court overruled. There was an arraignment, plea of not guilty, trial and conviction. Afterwards appellant filed a motion for a new trial and in arrest of judgment. They were overruled, sentence and judgment thereon entered accordingly, from which this appeal is taken.

The evidence on the part of the state tends to show: That on or about November 9, 1920, at Potosi, Washington county, the appellant approached W. F. Bond, cashier of the Bank of Potosi, who began his employment at said bank on November 8, 1920, and said to him: "I know where we can make some money. 7 know where we can get a bunch of cattle and ship them and make a good piece of money." The cashier then asked him how much he needed, and he said, "I will get Lawrence Casey and W. H. Casey to sign my note, if I can get it." Then the cashier said, "I can let you have it with that security." And appellant said, "All right, you fill out the note, and will go and get it indorsed." The cashier wrote out the note, the appellant signed it, took it, and was gone about 30 minutes. When he returned the names of L. W. Casey and W. H. Casey were affixed to it, and appellant presented it at the window and was given credit therefor. Appellant and cashier then had a conversation about some cattle; the cashier asked the appellant about the cattle and the appellant said he would pay for them with a cheek in a short time. The cashier testified that he knew that the appellant signed the note, for he saw him write his signature, and that, in his opinion, the names of L. W. and W. H. Casey on the note were in the handwriting of appellant. L. W. Casey and W. IL Casey each stated that he did not sign his name to the note. Thereafter appellant drew a check on the Bank of Potosi for $1,500 in favor of the People's Bank at De Soto, which check was presented to the Bank of Potosi and paid. L. W. Casey, who was then sheriff of Washington county, went for appellant who had been apprehended in Jefferson county, and was given the sum of $1,495 by the sheriff of Jefferson county, which sum was found on appellant at the time of his arrest. The cashier stated he gave appellant credit on this note, because the names of L. W. and W. H. Casey were signed thereto. He further stated that, at that time, he was not acquainted with the signatures of L. W. and W. H. Casey and that he had seen L. W. Casey once before, but did not know W. H. Casey.

Defendant's evidence...