Cox v. State
Cox v. State
Opinion of the Court
delivered the opinion of the court.
The indictment sufficiently charged the offense of forgery. It is not necessary, except under peculiar and exceptional circumstances, to aver the existence of the debt, the discharge of which the instrument forged is intended to represent. Bishop, Directions and Forms, § 472, and note. On the facts developed on the trial, the court should have directed the jury to acquit the defendant. It was proved by the state that the taxes due by Mrs, Byrd and by G. H. Lann for the year 1886 had been fully paid and discharged before the alteration of the instrument by the defendant. It was impossible, therefore, that either the state or the county of Monroe could have been defrauded by the instruments as altered or uttered by the defendant. According to the testimony of the witness Lann, he had requested the defendant to pay the taxes due by himself and by Mrs. Byrd for the year 1887, and to guide him in so doing delivered to him certain tax receipts for the taxes of the year 1886. The defendant thereafter delivered to him the two instruments alleged to have been forged, one being the tax receipt of Mrs. Byrd, which Lann had handed to him, on which the date of the receipt had been changed from December, 1886, to December, 1887, and the other being probably an old tax receipt of Cox’s for the year 1886 in which the name of Lann had been written. But on the face of both receipts it appeared that they were given for the taxes of the year
The judgment is reversed and cause remanded.
Reference
- Full Case Name
- William Cox v. State
- Cited By
- 2 cases
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- Published
- Syllabus
- 1. Criminal Law. Forgery. Indictment. Except under peculiar and exceptional circumstances, it is not necessary to aver in an indictment for forgery, the existence of the debt, the discharge of which the instrument forged is intended to represent. 2. Forging Tax Beceipt. Not necessary to aver that taxes were due. So that it is not necessary in an indictment for forging a tax receipt, to aver that the taxes, for which the receipt purports to have been given, had been assessed and were properly due. 3. Injury to Some Person. Essential element in forgery. Where it is impossible that any one can be defrauded by the instrument as altered or uttered, there can be no conviction for forgery based upon it-To constitute the crime of forgery, the instrument after alteration must be such that if it were true and not forged, it would be of itself, or in connection with other things, capable of doing injury. 4. Same. Case in judgment. The defendant assumed to pay the taxes due by Lann and Byrd for 1887, and to guide him in so doing, took from Lann a receipt issued to Byrd for the taxes of 1886. This receipt was dated December, 1886, and on its face showed that it was for the taxes of 1886. Subsequently defendant erased the date “December, 1886,” and substituted therefor 11 December, 1887,” and handed the receipt back to Lann, saying that he had paid the taxes as agreed, and charged to Lann’s account. In fact, he had not paid the taxes for 1887. Held, that this did not constitute the crime of forgery, because the receipt as altered still purported to be for the taxes of 1886, and these being paid, no injury could result by reason of the receipt. 5. Same. Case in judgment. So, where the defendant, having assumed to pay Lann’s taxes for 1887, altered a receipt of his own for the taxes of 1886 by erasing the date “ December, 1886,” and the name “Wm. Cox,” and substituting the date “ December, 1887,” and the name “ Q. H. Lann,” and by changing the figures, showing the amount paid, and delivered the receipt thus altered to Lann, saying he had paid the taxes for 1887, and charged to Lann’s account, both of which statements were untrue, this was held not to be forgery, because, as Lann’s taxes for 1886 had been paid, and the receipt still purported to be for taxes of 1886, the receipt could work no injury.