King v. State

Citations

• 43 Fla. 211

Syllabus

<p>Criminal law — Forgery—Indictment—Acting state attorney— Privately retained prosecutor may act — Capacity for harm of paper forged — Appellate practice — Excepting en masse to several charges.</p> <p>1. An allegation in an indictment for forgery to the effect that the defendant: '“did falsely make, forge and counterfeit a certain false, forged and counterfeit writing,” etc., should not, on a motion to quash, be construed to mean that the defend! ant falsely made and forged an already existent document that was itself a false and forged instrument, but it should receive the more liberal construction as meaning that the defendant did falsely make and forge the instrument as his own original creation, and that when so made by him it was a false, forged and counterfeit writing. The form of the allegation quoted is open to the criticism of being tautologus but does not for that reason vitiate the indictment.</p> <p>2. A mere brutum fulmén, on its face utterly valueless and of no binding force or efficacy for any purpose of harm, liability or injury to anyone, cannot be the subject of forgery. In order to be the subject of forgery the instrument forged must be upon its face, were it genuine, of some apparent legal efficacy for injury to another, or, as Mr. Wharton expresses it: “Should be one which would expose another to legal process.”</p> <p>3. Though the instrument forged purports upon its face to grant an estate in land for a term of more than two years, but is invalid and ineffectual as a lease for such term because it is witnessed by only one witness when the statute requires two to give it effectiveness as such, yet if the instrument, were it genuine, could be specifically enforced in equity as a contract for a lease, or if it was effective as a license to make entry upon the land described therein, so as to shield parties entering under it from the charge of trespass, it'is not an absolute nullity, but is effective for injury to. another, and is, therefore, th