71 Fla. 338 | Fla. | 1916
This is a writ of error to a judgment of conviction of the crime of forgery. The indictment alleges the forgery to consist in counterfeiting the name of the -payee in a check.
A motion in very general terms to quash the indictment was interposed and overruled. While the indictment may lack the certainty required by the Common Law, we think it sufficiently charged the crime to satisfy the requirements of our law. The instrument is set out in full and shows itself to be a check on a bank, and the fact that the pleader also styled it an order for money does not vitiate the indictment. Reading the whole indictment it appears with sufficient clearness that the crime consisted in forging the payee’s name by endorsement on the check, and this was the case sought to be made by the State at the trial.
The evidence gives us greater concern. It is not shown that the accused cashed the check, and only by a remote probability that he had the check in his possession. The State attempted to prove the handwriting by
We are, therefore, unwilling to sustain a conviction upon this evidence, and the judgment is accordingly reversed.