8 Mont. 146 | Mont. | 1888
The statute of this Territory, defining forgery and the acts that constitute it, declares that such crime may be committed, by falsely uttering and publishing, as well as by falsely making and forging. These are separate means by which the crime can be committed; and when each of the acts is connected with the same instrument, an indictment, charging the same in separate counts, the first by falsely making and forging, the second by falsely uttering and publishing, is not subject to demurrer for duplicity; for only one offense is charged, to wit, the crime of forging as to one and the same instrument. Where the statute declares an act unlawful, when perpetrated in any one or all of several modes, an indictment may charge the act,
Judgment affirmed.