France v. State

Citations

• 83 Miss. 281

Syllabus

<p>1. Criminal Law. Forgery. Code 1892, $ 1106.</p> <p>Under Code 1892, § 1106, defining forgery, a duly addressed and signed instrument of writing in these words: “Dear Sir — Louis France comes to me for a note to you, he are living on my place and worked a tract this year and he don’t owe me anything, and he is alright and he has a good crop, you can depend on him,” is one of which forgery is predicable.</p> <p>2. Same. Extrinsic facts. Indictment.</p> <p>Where intrinsic facts are necessary to he known and considered along with the writing in order to constitute forgery, an indictment therefor must set out such facts as well as the instrument itself.</p> <p>3. Same. Landlord and tenant. Lien. Waiver.</p> <p>Where a forged instrument amounting to a waiver of the landlord’s lien does not show on its face the fact of tenancy or the existence of the lien, the indictment must allege such extraneous facts.</p>