State v. Turner

• Decision Date: 21 February 1899
• Citation: 49 S.W. 988,148 Mo. 206
• Parties: STATE v. TURNER.
• Court: Missouri Supreme Court

49 S.W. 988

148 Mo. 206

STATE v. TURNER.

Supreme Court of Missouri, Division No. 2.

February 21, 1899.

FORGERY — INDICTMENT.

1. Under Rev. St. 1889, § 3635 (providing that every person having possession of any forged check, with intent to utter, pass, or sell the same as true, shall, on conviction, be adjudged guilty of forgery), an indictment alleging that defendant unlawfully had in his possession a certain false, forged, and counterfeit check purporting to be made and drawn on parties named, with intent to utter, pass, or sell the check as true to persons named, defendant well knowing such check to be false, forged, and fraudulent, is sufficient.

2. Under Rev. St. 1889, § 3983, an indictment is sufficient where it merely alleges generally an intent to defraud, without naming any particular person.

Appeal from criminal court, Jackson county; D. W. Shackleford, Judge.

R. B. Turner was convicted of forgery, and appeals. Affirmed.

The Attorney General and Sam B. Jeffries, for the State.

SHERWOOD, J.

No bill of exceptions in this case, and defendant convicted under the second count of the indictment, and his punishment assessed at five years in the penitentiary. The second count, referred to, is the following: "And the grand jurors aforesaid, upon their oaths aforesaid, do further say and present that R. B. Turner, at the county of Jackson and state of Missouri, on the 23d day of December, 1895, unlawfully and feloniously did have in his possession and custody a certain false, forged, and counterfeit check, purporting to be made by the Hudson-Kimberly Publishing Company, a corporation duly incorporated and existing under and by virtue of the laws of the state of Missouri, and purporting to be drawn on the First National Bank of Kansas City, Missouri, a banking corporation duly organized according to the laws of the United States, which said false, forged, and counterfeited check is of the tenor following, that is to say: `Kansas City, Mo., December 23, 1895. No. 681. First National Bank of Kansas City, Mo.: Pay to S. M. Thompson, or order, $8.20, eight and 20/100 dollars. [Signed] Hudson-Kimberly Publishing Co., E. H.,' — with felonious intent to utter, pass, sell, and exchange the said false, forged, and counterfeit check as true, to Marcus Lazare and L. Schroeder, with felonious intent to defraud them, the said Marcus Lazare and L. Schroeder, parties doing business under the name and style of Lazare & Schroeder, parties as aforesaid, he, the...