54 S.C. 300 | S.C. | 1899
The opinion of the Court was delivered by
The respondent was tried at June term, 1898, at Abbeville, for the crime of forgery. Upon a
The order passed by Judge Benet was as follows: “A motion was made before me to quash the indictment in the
The following are the grounds of appeal: ist. Because his Honor erred in holding that “because it does not appear that an affidavit was filed proving the claim of the witness for fees,” that, therefore, the paper alleged to be forged was not such a paper as was the subject of forgery, and that, therefore, the indictment should be quashed. 2d. Because the Circuit Judge erred in holding, “Because the said certificate, set out in the indictment, did not purport to have been approved by the supervisor,” and that, therefore, the paper charged to be a forgery was not the subject of forgery. 3d. Because the Circuit Judge erred in holding, “Because there does not appear to have been any real or simulated indorsement or assignment by the payee,” and that, therefore, the
The respondent duly gave notice that at the hearing of the appeal taken by the State, he would ask this Court to sustain the order made by Judge Benet on the following grounds: I. Because at the time the act to define and punish the crime of forgery was passed, no such certificate as that set out in the indictment had been provided for by law; and, therefore, the said act defining and punishing forgery could not be held to include a paper which had no legal existence at the time of the passage of the said act, but was provided for by a subsequent statute. II. Because the certificate set out in the indictment is not in the form prescribed by the statute, and would, for that reason, if properly signed and certified, have been null and void. III. Because the statute makes no provision and prescribes ■ no form for a witness ticket, and, therefore, such ticket would be,null and void, even if property- signed. IV. Because the Court of General Sessions has not jurisdiction to try a criminal case, especially one like that before the Court, unless the proceeding has been commenced in the regular way by affidavit and warrant issued by a magistrate, unless there was some special reason for taking a different course, and no such reason has been shown or even claimed to exist in this case. V. Because the indictment is fatally defective in not alleging that the defendant was clerk of the Court.
3. The paper writing set out in the indictment, so says the respondent, is void, because the statute makes no provision and prescribes no form — therefore, such ticket would be null and void. We cannot agree to this suggestion of the respondent. The indictment sets out in words and figures the paper writing, with the forgery of which the defendant, respondent, is charged. It refers to this paper writing as “commonly called” a witness pay certificate. This fact is admitted by the demurrer. But, above all, the indictment gives effect to the provisions of the law relating to and governing witness pay certificates.
5. We have already passed upon this suggestion.
It is the judgment of this Court, that the judgment of the Circuit Court quashing the .indictment herein be reversed, and that the action be remanded to the Circuit Court for trial.