87 Miss. 502 | Miss. | 1905
delivered the opinion of the court.
The indictment is for forgery. The state depends for its case wholly on evidence that one Sarah Hall was induced to sign with her mark a conveyance of land on the false and fraudulent representation that it was a pension paper. Forgery cannot be predicated of these facts under the common law. By that it would be a cheat or-swindle. 1 Bish. Cr. Law, sec. 584; 2 Bish. Cr. Law, sec. 590; 1 Whart. Cr. Law, sec. 674; Putnam v. Sullivan, 4 Mass., 45 (3 Am. Dec., 206); Commonwealth v. Sankey, 22 Pa., 390 (60 Am. Dec., 91); Hill v. State, 1 Verg. (Tenn.), 76 (24 Am. Dec., 441); Wells v. State, 89 Ga., 788
Reversed, and remanded.