Griffin v. State

Citations

• 96 Miss. 309
• 51 So. 466

Syllabus

<p>«Criminal Law and Peocedube. Forgery. Indictment. Certificate of school trustees. Code 1906, § 4563. Writing failing to purport liability. Extrinsic facts must be charged. Affirmative aver-ments.</p> <p>Under Code 1906, § 4563, requiring teachers of public schools to report monthly to the superintendent of education the number of pupils who attended school, certified by two of the trustees, upon which the superintendent is to issue a pay certificate to the teacher:—</p> <p>ia) An indictment for forging a certificate of the trustees, unaided by averment of extrinsic facts, cannot be predicated of a writing which does not purport to approve a report made or to be made; and</p> <p>(6) Where extrinsic facts are necessary to be known and considered with the writing in order to establish forgery, an indictment failing to charge them is demurrable; and</p> <p>,(e) The indictment must charge that the persons whose names are averred to have been forged were trustees of the school, and a recital in the certificate to that effect will not aid the pleading.</p>