Harrell v. State

Citations

• 79 Fla. 220
• 83 So. 922

Syllabus

<p>1. Án indictment for uttering a forged check or draft which charges that the defendant did utter and publish as true a certain “false, forged and counterfeited and altered” bill of exchange, does not charge two offenses under Section 3360 of the General Statutes of Florida which provides for the punishment of any one who “utters and publishes as true a false, forged and altered record, deed, instrument or other writing,” etc.</p> <p>2. An indictment charging one with the offense of uttering a forged instrument need not recite in detail the particular features of the instrument that render it false.</p> <p>3. The words “false, forged, counterfeited and altered,” as used in an indictment charging one with uttering a forged instrument are not repugnant nor inconsistent as a description of the false instrument.</p> <p>4. An indictment charging one with the commission of a statutory offense may use the words of the statute without a particular statement of the facts and circumstances constituting the offense, when by using the words of the statute the act in which the offense consist is fully, directly and expressly alleged without uncertainty.</p> <p>5. The offense of forgery consists of a writing in such form as to be apparently of some legal efficiency; an evil intent of the sort deemed in law fraudulent in the mind of the accused and a false making of such writing.</p> <p>6. In uttering a forged instrument the'offense consists in the knowledge on the part of the accused that the instrument is false and an intent to injure or defraud another by asserting that the instrument is true.</p> <p>7. Where one deposits a forged instrument in the mai) directed to a person in another county where the instrument is received, the offense, if one is committed, is in the country where the instrument was received.</p>