Gadson v. State
Gadson v. State
Opinion of the Court
The appellant, John Gadson, was convicted of forgery. He appeals, contending the state failed to prove the element of intent. We agree, and reverse.
The conviction here appealed resulted from Count VI of the information filed against Gadson, which read:
CHARGE: FORGERY, in violation of F.S. 831.01.
SPECIFICATIONS OF CHARGE: In that JOHN L. GADSON a/k/a DEWEY McLEMORE, on or about the 10th day of February, 1983, within Volusia County, Florida, did then and there falsely make or forge a BILL OF SALE and DIVISION OF MOTOR VEHICLE TAG FORM, with the intent to injure or defraud HAMILTON AUTO SALES, INC., and divers other persons.
The elements of the statutory offense of forgery
At trial, the state presented the following evidence relating to the forgery charge: On February 10, 1983, Gadson went to Virgil Hamilton’s car dealership where he inquired about a Chevrolet van. After Gadson test-drove the car, he gave Hamilton a $100.00 cash deposit and Hamilton wrote out a bill of sale for $1,550.00. Later that same day, Gadson returned with $1,430.00 in cash, which amount, plus the $100.00 deposit, Hamilton accepted as the purchase price. To reflect the actual price paid, Hamilton changed the amount written on the bill of sale from $1,550.00 to $1,530.00. Gadson showed Hamilton his license, which bore the name “Dewey
The foregoing testimony was the only evidence which the state presented regarding the forgery charge, and at the close of the state’s case in chief, defense counsel moved for a judgment of acquittal on that charge. He argued that the state failed to establish the element of intent to defraud or injure. The court denied the motion. It also denied defense counsel’s renewed motion at the close of all the evidence.
To counter Gadson’s contention that the state failed to prove intent because Hamilton neither suffered harm nor felt defrauded, the state cites Hepburn v. Chapman, 109 Fla. 133, 149 So. 196 (1933), wherein the court recognized, “[I]t is not necessary to the crime of forgery that injury should have resulted to anyone; the intent to defraud being the essence of the offense in this regard.” Id. 149 So. at 200. The state maintains the intent element was established because both the bill of sale and the In-Transit Tag Form could deceive members of the public, e.g., using them as proof of car ownership to obtain credit. But the state did not offer evidence in this regard, nor did it make such argument at trial. Such speculation as to intended injury or fraud cannot support the third element necessary to establish the crime of forgery.
REVERSED.
. Section 831.01, Florida Statutes (1983), provides:
Forgery.-Whoever falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of any clerk or register of a court, public register, notary public, town clerk or any public officer, in relation to a matter wherein such certificate, return or attestation may be received as legal proof; or a charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange or promissory note, or an order, acquittance, or discharge for money or other property, or an acceptance of a bill of exchange or promissory note for the payment of money, or any receipt for money, goods or other property, or any passage ticket, pass or other evidence of transportation issued by a common carrier, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.