33 Fla. 233 | Fla. | 1894
As is shown by the preceding statement the instrument, the endorsement of which is alleged to - have been forged, and' which instrument so endorsed is. charged to have been uttered by the defendant with the knowledge of such forgery, and with intent to injure and defraud, bears date July 19th, 1893, at Pensacola in this State, and is for S500, with interest as stated, payable to the order of one Lee Daniell at the First National Bank there, six months after date, with waiver of demand, protest and of notice thereof and' of non-payment, and an agreement as to costs and attorney’s fees. The proof shows that it was uttered on the day of its date by the defendant, and that the endorsement was forged.
The first error assigned is as to the admission in evidence, on behalf of the State, of the other instruments described in such statement, and severally bearing-date June 5th, July 5th, August 8th, and August 11th, 1893. The proof as to the forgery of the Richard
It is urged here that the several papers should not Jiave been admitted in evidence because there is nothing that shows when they were negotiated or issued by the defendant. It is clearly shown that the paper of •June 5th was uttered about July 19th, the time the
The effect of the objection urged in the trial court-was that the possession, use and uttering of these false-instruments by the accused was no evidence of and did not tend to prove that the accused knew that the-instrument declared upon in the information was false, and not genuine, when he uttered it; that such possession and uttering of the former or of any of them did not even to this extent touch upon the issue made-by the pleadings so as to assist in getting at the-truth of the charge made by the information. In view of the authorities, it is clear that the instruments ancL accompanying evidence were in their nature not irrelevant or impertinent; but, on the contrary, entirely the-
II. Another alleged error is the refusal of the court to charge the jury as follows: “Evidence of other forgeries that may be before you in this case should not he considered by you or given any weight whatever, unless there is evidence that satisfies you that at the time of the commission of the act charged in the information in this case the defendant had knowledge of the other forgeries testified about.” The instruction was properly refused. It is not necessary, under any circumstances, to either the relevancy or -weight of evidence as to other forged instruments that the accused shall be shown to have had knowledge of the 'false character of such instruments. His possession and use of such false instruments are admissible as evidence of his knowledge of the false character of the instrument declared upon.
III. The basis of another alleged, error is the refusal of the judge to charge: “If 3rou find that the defendant did commit the act with which he stands charged, ;you may consider his former life with reference to whether such a life would be one in which such an act would naturally or reasonably find place; and if you find that it would not, you may take that conclusion ; and use it in arriving at your verdict, and if it creates in your minds a l’easonable doubt of defendant’s guilt - either as to the forgery or guilty knowledge in uttering it, you must acquit him of the charge with regard to which such doubt exists.” The refusal was not "error. In Hussey vs. State, 86 Ala., 34, the Supreme Court of Alabama, repeating what had been previously
IV. Conceding to the testimony as to the previous excellent character of the defendant, the fullest weight that the most liberal authorities accord to such evidence, and recognizing both the disposition of the judge, that the defendant should have the benefit of any omission on his part to avail himself of an opportunity to escape after he became aware of the discovery of his offendings, and the marked fairness and clearness with which the case was submitted to the jury, all of which is shown by the rulings and instructions on the trial, we are satisfied that the verdict is fully supported by the evidence; but we do not find in the rulings and charges referred to, nor in the sentence pronounced, any-ground for doubt by either the trial judge or ourselves,, of the correctness of the verdict.
The judgment is affirmed.