Turnipseed v. State

• Decision Date: 10 February 1903
• Parties: TURNIPSEED v. STATE.
• Court: Florida Supreme Court

33 So. 851

45 Fla. 110

TURNIPSEED v. STATE.

Florida Supreme Court, Division A.

February 10, 1903

Error to Circuit Court, Walton County; Lucius J. Reeves, Judge.

W. D Turnipseed was convicted of forgery, and brings error. Reversed.

Syllabus by the Court

SYLLABUS

1. Although our statute defining forgery uses the language 'whoever falsely makes, alters, forges or counterfeits,' yet it is well settled that, while it is usual in indictments for the crime to aver that the defendant 'did falsely forge and counterfeit,' still it is sufficient to allege that he 'forged and counterfeited,' since the adverb 'falsely' is sufficiently implied in the words 'forged' and 'counterfeited.'

2. Where the alleged forgery of an instrument consists in an alteration of it, the alteration must be material, so as to change, modity, or alter the obligations imposed by the instrument; otherwise it creates no falsity in the seeming legal efficacy of the writing, and there is no forgery.

COUNSEL Daniel Campbell, for plaintiff in error.

William B. Lamar, Atty. Gen., for the State.

OPINION

TAYLOR C.J.

The plaintiff in error was indicted, tried, and convicted of the crime of forgery in the circuit court of Walton county, and seeks reversal here of the judgment and sentence pronounced by writ of error.

The indictment upon which he was tried is as follows:

'In the name and by the authority of the State of Florida.

'In the Circuit Court of the First Judicial Circuit of the State of Florida, for Walton county, at the Spring term thereof, in the year of our Lord one thousand nine hundred and one, Walton county, to-wit: The grand jurors of the State of Florida, enquiring in and for the body of the county of Walton, upon their oaths do present that one William Turnipseed, late of the county of Walton aforesaid, in the Circuit and State aforesaid, on the 1st day of March, in the year of our Lord one thousand nine hundred and one, at and in the county of Walton, aforesaid, then and there being and then and there having in his possession a certain writing obligatory, which writing obligatory was then and there in words and letters and figures as follows: 'I, M. M. Owens, do lease unto W. D. Turnipseed my mother's farm in the county of Walton, State of Florida, situated on White creek near the valley church, for a term of three years, commencing Jany. 1st, 1901, for the sum of $150.00, or its equivalent to be paid as follows: four thousand (4000) good rails are to be split and put up the first year by W. D. Turnipseed, in which I am to allow $40.00 on toward to rent for the 4000 rails when split and put up on said farm where they are the greatest needed, and if 4000 rails are not enough to fix a good fence on said farm, I, M. M. Owens, do promise to have enough rails split to make a fence strong enough to keep stock out of said farm; and that W. D. Turnipseed does further agree to help build a house on said farm to live in with the exception of six days work, which is to be paid for by M. M. Owens when said house is complete, with the exception of ceiling and a front gallery and the 4000 rails are split and put up $75.00 or half the rent of said place will be paid; at the end of the second year $37.50 more is to be paid; at or about the end of the third year $37.50 more to be paid, which will be the entire rent for three years. I do further promise to pay for and have the material put on the ground for building said house, and should W. D. Turnipseed wish to seal or help seal and put gallery to said house at a reasonable price, the amount paid for said work will be deducted from the rent to be paid. If I furnish material I give leave to W. D. Turnipseed to work and clear any land on the east side of White creek that is enclosed within the fence at present, and that the rails split are to be split along the banks of White creek in the piney woods on west side of creek or anywhere inside of the enclosure of present field, and that he may clear any land on west side of creek belonging to said farm. W. D. Turnipseed is to take care of all trees, such as shade trees around house and lot, and all fruit trees of any kind, and have use of same, and at the end of first three years he is to have refusal of place for two more years. Should W. D. Turnipseed fail to comply with this contract herewith stated he will forfeit his rite to hold said place when the rents are paid, and that each crop made on said place is to stand good for the rent of said place for the year preceding.

"Agreed to this 16th of Feb. 1901.

"M. M. Owens,

"W. D. Turnipseed.'

--He the said William Turnipseed, then and there having said writing obligatory in his possession, did then and there in Walton county, State of Florida, on the 1st day of March, A. D. 1901, feloniously make, alter forge and counterfeit the said writing obligatory by then and there falsely obliterating and defacing the words 'with the exception of six days work' in said writing obligatory, and inserting therein in place of the words 'with the exception of six days work' the words 'labor or material furnished by W. D. Turnipseed' which said writing obligatory, as falsely forged and altered, was then in words and figures as follows, to-wit: 'I, M. M. Owens, do lease unto W. D. Turnipseed my mother's farm in the county of Walton, State of Florida, situated on White creek near the valley church for a term of three years commencing Jany. 1st, 1901, for the sum of $150.00 or its equivalent, to be paid as follows: four thousand (4000) good rails are to be split and put up the first year by W. D. Turnipseed, in which I am to allow $40.00 on towards the rent for the 4000 rails, when split and put up on said farm where they are the greatest needed, and if 4000 rails are not enough to fix a good fence on said farm, I, M. M. Owens, do promise to have enough rails split to make a fence strong enough to keep stock out of said farm; and that W. D. Turnipseed does further agree to help build a house on said farm to live in, labor or material furnished by W. D. Turnipseed, which is to be paid for by M. M. Owens, when said house is complete with the exception of...