Peterson v. State
Peterson v. State
Opinion of the Court
There are two counts in the indictment, the first charging forgery, and the second" the knowingly passing of a forged instrument. This conviction is upon the second count. We are of the opinion that the indictment is sufficient. The inuendo averments therein were unnecessary, and, in testing the sufficiency of the indictment, they may be treated as surplusage. Without them the indictment alleges fully and correctly the offense of which the defendant has been convicted.
There was no error in refusing to grant the defendant’s application for a continuance. It does not comply strictly with the statute, and the absent testimony, in so far as the same was not supplied by other testimony on the trial, can not be regarded as probably true, when considered with the positive proof of the identity of the defendant as the person who passed the forged instrument.
There is no material error in the charge of the court. It follows the language of the statute defining the offense of knowingly passing as true a forged instrument, having already explained to the jury the offense of forgery. It was unnecessary, we think, to define in the charge the words “knowingly” a/nd “pass.” These are not words of technical signification, but words the meaning of which is commonly known, and with respect to which it is not at all probable that the jury were ignorant, or could have been mistaken to the prejudice of the defendant’s rights. No such exception to the charge of the court was made and saved at the time of the trial as demands
There is an error in the sentence, which we will here correct. It is recited therein that the conviction is for forgery. The sentence is reformed so as to recite that the defendant is convicted •of knowingly passing as true a forged instrument in writing.
Finding no error in the conviction the judgment is affirmed.
Affirmed.
Reference
- Full Case Name
- Anthony Peterson v. State
- Cited By
- 1 case
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- Published
- Syllabus
- 1. Uttering a Forged Instrument—Indictment.—See the statement of the case for the charging part of an indictment held sufficient to charge the offense of knowingly uttering a forged instrument. 8. Practice—Continuance.—Failing to show the probable truth of the-absent testimony, and being otherwise insufficient in substance, the application for continuance in this case was properly refused. B. Same—Definitions—Charge op the Court.—‘'Knowingly” and “pass,” as those words are used in the statute denouncing the offense of uttering - a forged instrument, are not words of technical signification, and the omission of the trial court to define the same to the jury was not error.. i. Same—Sentence—Practice in Court of Appeals.—The conviction^ as shown by the verdict, being for uttering a forged instrument, and the sentence erroneously reciting that it was for forgery, the sentence is reformed by this court to conform to the verdict.