65 Mo. 437 | Mo. | 1877
Indictment under section 1, C. 1, W. S. 467, for forging a deed. Indictment quashed and State appeals.
The bill charges : “ That Joseph Fisher, on the twelfth day of May, 1874, at Kennett in the county of Dunklin aforesaid, did unlawfully and feloniously forge .a certain deed, purporting to be the act of James Marshfield, by which a right and interest in certain real property, which in said deed purports to lie and be situate in the county of Dunklin, State of Missouri, and which in said deed was described as follows, to-wit, (giving description), containing in all one hundred and one thousand, four hundred (101,-400) acres of land, purported to be transferred and conveyed to one Charles J. Helm, with intent then and there to defraud some person or persous to these jurors unknown, contrary etc.”
We regard the indictment sufficient. The usual form of charging this offense in the indictment is, that the defendant “ feloniously an d falsely did make, forge and counterfeit” the writing described, “with intent one A.B. to defraud.” (3 Glf. on Ev. § 104.) This crime at common law, has been defined as “ the fraudulent making or alter
There is nothing either in the point that the instrument alleged to have been forged, was not charged to have been executed or acknowledged. The word “deed” of itself, imports and implies a complete instrument. Paige v. People, (3 Abb. N. Y. Ct. app. 439). Judgment reversed and cause remanded.
Reversed.