Mackguire v. State
Mackguire v. State
Opinion of the Court
delivered the opinion of the court.
The writing in this case is one of which, on its face, forgery could be predicated under our statute. It is, on its face, of apparent legal efficacy. France v. State, 83 Miss., 281, 35 South., 313. And for that reason it was unnecessary to state in the indictment any extrinsic facts. Bishop’s Directions &
It was not necessary to allege the intent to defraud to have been felonious. 2 Bishop’s Procedure, § 401. The amendment was properly allowed. The identity of the offense was in no wise changed, and the continuance was properly denied. There could have been no surprise.
Affirmed.
Reference
- Full Case Name
- Lemon Mackguire v. State of Mississippi
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Criminal Law and Procedure. Forgery. Indictment. Extrinsic facts. An indictment for forgery, without charging extrinsic facts, can be predicated of a writing, purporting to be duly signed, directed to the agent of a common carrier reading “ Let this boy have my jug.” 2. Same. Intent to defraud. An indictment for forgery is not demurrable for failure to charge that the intent to defraud was felonious. 3. Same. Amendment. An indictment for forgery charging an intent to defraud the party whose name is alleged to have been forged may by amendment be made to charge an intent to defraud the party addressed.