State v. Wingard
| Decision Date | 01 October 1888 |
| Docket Number | 225 |
| Citation | 5 So. 54,40 La.Ann. 733 |
| Court | Louisiana Supreme Court |
| Parties | THE STATE OF LOUISIANA v. PRIMUS WINGARD |
APPEAL from the Second District Court, Parish of Bienville. Boone, J.
J Henry Shepherd, District Attorney, for the State, Appellee.
B. F Edwards, for Defendant and Appellant.
The defendant was convicted of forgery and sentenced to two years at hard labor.
He complains, on appeal, that the lower court erred in holding that the instrument alleged in the indictment is such as can be forged; that said instrument is complete and can be the basis of legal liability; and that, under the averments, evidence could be received explanatory of the instrument.
The indictment charges that the accused, on a day stated, in the parish named, did falsely and fraudulently forge and counterfeit a certain writing or paper of the tenor following, to-wit: Prime Wingard 507 I. cot. T. T. P., with intent to defraud C. W. Hanmer * * * and wilfully and feloniously did offer, utter and dispose of, put off and publish as true, a certain false, forged and counterfeited writing, or paper, of the tenor following, to-wit: (as above), with intent to defraud C. W. Hanmer, he, the said Primus Wingard, at the said time, he so uttered and published the said last mentioned false, forged and counterfeit writing, or paper, a person well knowing the same to be false, forged and counterfeited, contrary, etc.
One of the three essential elements of forgery to be charged against a defendant, is that what is averred to have been forged, etc., be a writing in such form as to be apparently of some legal efficacy. Bishop Cr. Pr., Sec. 572, p. 352; Wharton Cr. L., 338; 35 Ann. 1042; 38 Ann. 797.
On a germane question, this Court recently held that, certain papers reading: "Willy Johns has picked 215 pounds of cotton (signed) Henry Heastly," and "David Jefferson has picked 852 pounds of cotton (signed) Henry Woothen," were writings of some legal efficacy, which could serve as the basis for a prosecution.
It said: and the Court referred to a New York case, 5 Johns, 236, in which it has been held that an instrument reading: "Due F. F., one dollar, on settlement this day," is one which can be treated as a note for the payment of money. 39 Ann. 331.
The district court ruled that the indictment contains the essential elements to support the charge.
It is evident that the paper mentioned in the indictment is in a form which apparently has some legal efficacy, and that upon it money could have been obtained, as, in fact, it was in this case. The court ruled correctly.
This objection may be considered as involved in the first, and the ruling just made disposes...
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Bunker v. State
...it. Thus the changing of the figure `1' to `5,' so as to make the number `107' read `507' is sufficient to constitute forgery. State v. Wingard, 40 La. Ann. 733, 5 South. 54, "Forgery is the false making of an instrument. The illegal making may be an original fabrication, or it may be by me......
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State v. Jackson
... ... writing had been tampered with or forged. It is sufficient to ... charge the crime of forgery in the words of [163 La. 39] the ... statute, as has been done in the instant case. State v ... Maas, 37 La.Ann. 292; State v. Tisdale, 39 ... La.Ann. 476, 2 So. 406; State v. Wingard, 40 La.Ann ... 733, 5 So. 54 ... There ... is no doubt but that an indictment may set forth ... conjunctively in one and the same count both the forgery and ... the uttering and publishing as true of the same order or ... check, as these are cumulative offenses denounced in the ... ...
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People v. Rising
...State, 25 Ohio St. 433;Garmire v. State, 104 Ind. 444, 4 N. E. 54;Anderson v. State, 65 Ala. 553; Burke v. State, 66 Ga. 157; State v. Wingard, 40 La. Ann. 733, 5 South. 54;State v. Gullette, 121 Mo. 447, 26 S. W. 354;Hickson v. State, 61 Neb. 763, 86 N. W. 509,54 L. R. A. 327;State v. Lane......
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State v. Harper
... ... necessary,' etc ... In the ... case now under consideration, the prosecuting officer relies ... more particularly upon the rulings of this court in the cases ... of State v. Maas, 37 La.Ann. 292; State v ... Jefferson, 39 La.Ann. 331, 1 So. 669; State v ... Wingard, 40 La.Ann. 735, 5 So. 54 ... In ... State v. Maas, the defendant was charged with the forgery of ... a check or bill of exchange, and it was held that 'any ... fraudulent making or alteration of any of the writings set ... out in our statute (Rev. Stat. § 833), feloniously done ... ...