Banks v. State
Banks v. State
Opinion of the Court
delivered the opinion of the Court.
Appellant Banks was convicted of uttering a forged merchandise refund voucher at a court trial in the Circuit Court for Prince George’s County and sentenced to five years imprisonment.
The refund voucher in question was introduced in evidence at the trial. It was of the customary prenumbered type and had been executed in triplicate, with a number of blank spaces completed in handwriting, viz., the store department number, the date of the voucher, the date, type and amount ($71.07) of the sale, a description of the merchandise (a lady’s coat), the reason for its return (“didn’t like style”), the name, address and signature of the customer (Carol Swisher), and the authorized signature of the store manager (which, though difficult to decipher, appeared to be Pete M. Jenkins). The transaction occurred at the Montgomery Wards Store in Iverson Mall Shopping Center.
The State adduced evidence showing that before a merchandise refund voucher could be issued, the mer
Josie Thompson, a store security officer, testified that on February 6, 1968 she observed the appellant and a woman later identified as Saundra Joyner in the Ladies Fashion Department; that appellant originally had a refund voucher and “ [h] e handed it to her and he was telling her exactly what to do with it, really, and she walked up and there was some question about whether she should do it or not, and he handed the voucher to her and she did walk up and asked the cashier for a refund”; that upon inquiry being made of her, Joyner said the merchandise to be returned was in the car; and that the cashier then told Joyner that they did not cash refunds in that department and directed her to take the voucher upstairs to the cashier. Mrs. Thompson further testified that she followed appellant and Joyner upstairs where Joyner again presented the voucher. The cashier there called Robert Hartley, the Display Sales Manager and .staff member, who came ovfer and “asked them to go back down to the department”; that “ [o] n the way down they jumped and started running”; and that once outside of the store, Joyner threw her purse under the car at appellant’s direction, after which they were both apprehended. Joyner’s purse was found to contain identification and charge plates in the name of a Mrs. Lide.
Robert Hartley testified that he was called to the cashier’s cage because the refund voucher was not accompanied by the sales receipt. He stated that he was one of seven staff members authorized to “okay” any such merchandise refund vouchers; that when he looked at the voucher, he saw that it was alréady “okayed” by some
Ronald Gray, another store security officer, testified that he thought the book in which the refund voucher had been kept had been stolen because immediately after appellant and Joyner were apprehended “I personally went back to the place where they were issued and couldn’t find the book of vouchers.” Gray testified that it was a part of his responsibility to check all stolen vouchers.
The appellant testified that he and Miss Joyner had come to the Mall to look for jobs; that he went to People’s Drug Store while she went to Wards; that “she came back and said that she found the voucher when I was in People’s Drug Store”; that “[s]he said that she found this voucher and she was going upstairs to return it to the cashier’s office because it was 2-6-68 on it, and whoever lost it lost it that morning when we was at the store”; that “she took it upstairs to this Cashier’s Office and gave it to the people, and the man, he just took it somewhere else”; that “she was talking to the man” when he came upstairs; that “they went downstairs and I went behind them”; and that “[t]hen she said that the man was trying to say that she stole this from this woman and that he had to check up on it, and that she said all she was trying to do was to give it to the cashier.” Appellant further testified that as he followed Hartley and Miss Joyner downstairs, “that’s when she started off running. She was in front. Then I walked up and I turned, went out the door and turned around and looked. That’s when the woman stopped her then I think the woman asked two men to stop me. I’m not for sure.” Appellant stated that he didn’t run, but that he was “walking fast” because he “wanted to see where [Miss Joyner] was going.”
In arguing that there was no evidence to show that
In Pearson v. State, 8 Md. App. 79, we held that the elements of the crime of uttering a forged instrument under Article 27, Section 44 of the Maryland Code were that (1) the instrument must be uttered and published as true or genuine; (2) it must be known by the party uttering or publishing it that it is false, altered, forged, or counterfeited; and (3) it must be uttered with intent to defraud another person. In Smith v. State, 7 Md. App. 457, we held that forgery is the fraudulent making of a false writing having apparent legal significance; that the terms “forge,” “falsely make,” and “counterfeit,” as used in Section 44, were largely synonymous and described a spurious or fictitious making relating to the genuineness of execution of an instrument. In light of these principles, it is obvious that to obtain a conviction for uttering a forged instrument, the State must adduce legally sufficient evidence that the uttered instrument was in fact a forgery. That no such evidence has
Judgment reversed, case remanded for a new trial.
. Maryland Code, Article 27, Section 44, in pursuance of which the indictment was drawn, provides, in pertinent part:
“Any person who * * * shall utter or publish as true any false, forged, altered or counterfeited * * * writing obligatory * * * shall be deemed a felon * *
Reference
- Full Case Name
- CARLTON N. BANKS v. STATE OF MARYLAND
- Cited By
- 2 cases
- Status
- Published