113 Ky. 217 | Ky. Ct. App. | 1902
Oiuxiox of the coukt by
Affirming.
A demurrer was sustained by the circuit court to an indictment charging appellee with the crime of forgery, in that he “did unlawfully, willfully, and feloniously sign and forge . . . the names of Robert Brewer, chairman, W. H. Crawford, trustee, and Wm. Thompson, trustee, to an
One of the objections to the sufficiency of this indictment is that no names of witnesses Avere placed at the foot of the indictment. The proper procedure to raise such an objection seems to be by motion to quash, and not by demurrer. Com. v. Glass, 107 Ky., 160 (21 R., 820) (56 S. W., 18); Com. v. Smith, 10 Bush, 476. The indictment charges forgery of the signatures to the copy. It states also, that, if there was an original contract, the signatures to that were forged. Obviously the CommonAvealtli could not maintain an indictment for the forgery of an instrument, the existence of Avhieh at any time is averred to be uncem tain. So whatever of crime is charged in this indictment
The judgment is affirmed.