Scott v. State

Mississippi Supreme Court October 15, 1907

Scott v. State, 91 Miss. 156 (Miss. 1907)

44 So. 803

Whitfield

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court.

So far as the overruling of the demurrer is concerned, and the making of the amendment, and the refusal of the continu*158anee, the opinion delivered in the case of Mackguire v. State, Ante, 151, 44 South., 802, controls. The court committed no error in these respects; but, on the testimony in the case, the court clearly erred in refusing the fourth and fifth instructions asked by the appellant, and for these errors the judgment is reversed and the cause remanded.

Reference

Full Case Name: William Scott v. State of Mississippi
Cited By: 1 case
Status: Published
Syllabus: Criminal Law and Procedure. Forgery. Evidence. Instructions. A defendant who was induced, hy one falsely claiming authority in the premises, to sign the name of a third person to an order for goods, and present the same to the addressee and demand the goods, is not guilty of forgery, if he honestly believed the person at whose instance he acted was authorized to write the order and obtain the goods.