29 Fla. 511 | Fla. | 1892
Tho plaintiff in error, William Goodson, was indicted at the Spring term, 1889, of the Circuit Court of Washington county, First Judicial Circuit, as follows, omitting the formal introductory part of the indictment : “That William Goodson, late of the county of Washington aforesaid, in the circuit and State aforesaid, on the 14th day of January, A. D. 1889, with force and arms at and in the county of Washington, had in his custody and possession a certain false, forged and counterfeit order for the payment of money,
“ Chipley, Fla., January the 14th, ’89.
“Mr. Horn (meaning one R. C. Horn), will you please, sir, pay $25 to Joseph Goodson for me.
“ George Everett,
“ Orange Hill.”
And the said William Goodson did then and there feloniously utter and publish the same as true, with intent thereby then and there to injure and defraud one R. C. Horn, the said William Goodson then and there knowing the said order to be false, forged and counterfeited, against the form of the statute in such cases made, etc. The grand jurors of the State of Florida, inquiring in and for the body of the county of Washington, upon their oaths present that one William Goodson, of the county of Washington, on the 14th day of January, 1889, in the county of Washington aforesaid, feloniously, unlawfully, knowingly and designedly did falsely pretend to oneR. C. Horn that the said William Goodson was one Joseph Goodson, and that he had an order to pay money, to-wit: Twenty-five dollars, sent and signed by one George Everett, in writing, and the said order -was in the words and figures as follows :
“Chipley, Fla., January the 14th, ’89.
“Mr. Horn (meaningR. C. Horn), will you please, sir, pay $2o to Joseph Goodson for me.
“George Everett,
“ Orange Hill.”
Before pleading to the indictment, the defendant moved the court to quash it upon the following grounds:
“ 1st. The first count in the indictment is vague and indefinite, and charges no offense known to the law.
2d. The second count in the indictment charges no
This motion was overruled, and this ruling is assigned as the first error. While this motion to quash does not point out with any definiteness the particulars wherein the two counts of the indictment are vague, indefinite and uncertain, still we think that the motion should have been sustained, and the indictment quashed. The first count attempts to charge the defendant with uttering, publishing and passing a false, forged and counterfeit order for money, but does not allege any person, firm, corporation or company to, or upon, whom the same was uttered, published or passed; neither does the indictment excuse this omission with any statement that the person to, or upon, whom it was uttered, published and passed was to the jurors unknown. The reason for naming in the indictment the person upon whom the forged instrument was passed, consist in the fact that it enters into and becomes a part of the description of the offense, which should be • certain ; not only that the defendant may accurately know who his accusers are, but that, in case of a second prosecution for the same utterance and passing, he may be able accurately to plead autrefois acquit, or convict, as the case- may be. In 1 Chitty’s Criminal Law, m. p. 211, we find the rule thus expressed: “But it is, in general, necessary to set-forth the names of third persons with sufficient cer
The second count in this indictment is also fatally defective. It seems to be predicated upon section 41, p. 364, McClellan’s Digest, that provides as follows:
After the overruling of his motion to quash, the defendant entered a plea in abatement, the substance of which is, that there was no evidence upon the records of the court to show that the indictment was ever returned or presented in open court by any grand jury. This plea was overruled, and such ruling is also assigned as error. The ruling of the court below upon this plea is in the following words: “He (the court) was of the opinion that there was sufficient evidence before the court to sustain the indictment, said entry
It is unnecessary,-after what has been said, to notice any other questions raised. '
The judgment of the court below is reversed,' with directions to quash the indictment, and to discharge the defendant from further custody or detention thereunder.