81 Neb. 280 | Neb. | 1908
At the October, 1907, term of the district court for Nemaha county an information was filed against one William W. Leekins, hereafter called the defendant, containing four counts. The first count charged him with haying forged an order for the sale and purchase of certain nursery stock of the value of $150 on the first day of September, 1903, and by the second count he was charged with having, on the same day and at the same time, uttered the forged order by delivering the same to the Titus Nursery Company, thereby obtaining from said company the sum of $30 in money. The third count charged the defendant with forging another order for the sale and purchase of nursery stock of the value of $130 on the 21st of August, 1903, and by the fourth count he was charged with having uttered said order, on the same day and at the same time, by delivering the same to said nursery company, and obtaining from said company thereby the sum of-$26 in money. Each of the several counts were sufficient in form and substance, but it appeared on the face of the information that it was filed more than three years after the time when the offenses were alleged to have been committed. For that reason, a demurrer was interposed by the defendant to the second and fourth counts, which was sustained, and the state .prosecutes error.
It is the state’s contention that uttering a forged instrument is not a crime distinct and separate from that of forgery, and is within the exception contained in section 256 of the criminal code, which reads in part as
This view of the case dispenses with the necessity of deciding whether the charge of uttering and publishing a forged instrument by one other than the person forging it falls within the exception contained in section 256 of the criminal code, and we decline, at this time, to determine that question.
For the foregoing reasons the state’s exceptions are
Sustained.