Cross v. People

Citations

• 47 Ill. 152

Syllabus

<p>1. Indictment—-for forging bank check—averment or proof that instrument was stamped—not required. An indictment for forging a bank check, need not aver that the instrument alleged to have been forged had the proper revenue stamp attached to it; and a conviction under such an indictment would be good, without proof of such fact, if the instrument was proved to be fhlse and forged, and made with the intent charged.</p> <p>2. Same—instrument made by an agent in the name of his principal, not necessary to aves- agents authority. And in such case, where the forged paper purported to have been made by an agent, in the name of his principal, it is not necessary that the indictment should aver the authority of the agent, or to aver that it was so drawn.</p> <p>3. Same—setting out instrument in hcec verba sufficient. Under our code of criminal procedure, an indictment, setting out the instrument alleged to have been forged, in hcec verba, with an averment that it was made with intent to defraud the party whose name is signed to it, is good.</p> <p>4 Same—charging the offence—An indictment is sufficient, if so plainly drawn that the nature of the offence may be understood by the jury.</p> <p>5. Variance—objection for, must be taken at the trial. It is well settled in this State, that an objection for variance must be taken at the trial. It is too late to make it on error.</p> <p>6. Same—in criminal actions. In an indictment for forging a bank check, the check was set out in hcec verba, with the omission of the figures denoting the number of the check, and, also, of the letter “ C” written under the signature: HeId, that there was no variance.</p> <p>7. Indictment.—authority to draw the check—when will be inferred. And, in such case, where the proof showed that the agent was in the habit of signing his principal’s name to checks, and which was permitted by his principal, his authority so to do, will be presumed, in the absence of counter evidence.</p> <p>8. Accomplice—defin