People v. Turner

Citations

• 113 Cal. 278
• 45 P. 331
• 1896 Cal. LEXIS 775

Syllabus

<p>Criminal Law—Forgery—Certificate of Recordation of Deed.—The crime of forgery may be committed, under section 470 of the Penal Code, by forging a certificate of recordation upon the back of a deed, with intent to deceive and defraud the grantee named in the deed.</p> <p>Id.—Possibility of Fraud and Injury—Actual Injury Unnecessary.— The possibility that a counterfeit writing might defraud and injure another, in connection with the fact that it was prepared with intent to deceive and defraud another, is sufficient to constitute it a forgery, and it is immaterial whether any person was actually injured by it or not.</p> <p>Id.—Pleading — Defective Counts—Intent to Defraud—Arrest of Judgment—Reversal upon Appeal.—The intent to defraud is an essential element of the crime of forgery, and is an essential averment in every indictment or information for forgery; and where one of two counts in an information is defective, in omitting such averment, and v evidence is introduced under both counts, a general verdict of guilty \\ cannot be referred to the good count only, and a motion in arrest of judgment should be granted, and a judgment of conviction will be reversed upon'x^ppeal.</p>