120 Ark. 170 | Ark. | 1915
The .appellant, G. W. Stith, was convicted of the offense of forgery and has duly prosecuted an appeal to this court.
The indictment omitting the formal parts is as follows:
“The grand jury of Ouachita County, in the name and hy the authority of the State of Arkansas, on .oath accuse the defendant, George Stith of the crime of forgery committed as follows, towit: The said defendant, George 'Stith in the county and State aforesaid, on the 26th day of October, A. D., 1914, did then and there wilfully, unlawfully and feloniously, fraudulently and falsely make, forge and counterfeit a certain paper writ.ing and sign thereto said paper writing the name of Sam Stith without his knowledge or consent; said writing purporting to be an order drawn upon the express agent to let the hearer have a package, which said false and forged order is in words and figures, towit:
“Express Agt.
Please let bearer have my package, oblige.
Sam Stith.”
iand the false and fraudulent making, forging and counterfeiting of said order and signing the name of the said Sam Stith was done with the felonious and fraudulent intent then and there to cheat and defraud the said express agent out of the said package aforesaid, to the great damage and injury of the said express agent contrary to the statutes in such cases made and provided, against the peace iand dignity of the State of Arkansas. ’ ’
For the error of the trial court in overruling the demurrer of appellant to the indictment, the judgment must be reversed and the case will he remanded for further proceedings according to law.