State v. Alexander

Citations

• 113 La. 747
• 37 So. 711
• 1904 La. LEXIS 702

Syllabus

<p>FORGERY — INFORMATION — SUFFICIENCY — INSTRUMENT FORGED — ORDER FOR GOODS.</p> <p>1.It is not essentially necessary for a prosecution in every case, under section 833 of the Revised Statutes, that either of the words “forge,” “counterfeit,” or “alter” should be employed in the information. It was sufficient in this particular case to charge the accused with having “falsely made” the instrument (which was copied in the information), declaring it to be (as it was on its face) “an order for money or goods,” and declaring further that that instrument was “falsely made” by the party charged, with the intention of defrauding some one.</p> <p>2. The information in this case having, in the exact terms of the statute on which the prosecution was based, charged the accused with having done the very act denounced therein as a crime, there was no necessity for supplementing its recitals by an additional statement of facts.</p> <p>3. It was not necessary, in the information filed in this case, to have set out that a particular amount in money or goods of any particular quantity or value had been fixed in the order (falsely made) for the payment of goods.</p> <p>4. It was not necessary to the offense charged in this case that the instrument should be one which, if genuine, would be a binding obligation. It is sufficient that the instrument purports to be good. The want of validity must appear on the face of the papers. The prefixing of the abbreviation “Mrs.” to the name of a person purporting to have signed an order for the payment of money or goods does not carry with it the presumption that the signer , was a married woman, or, being one, that her order was not a valid or legal order.</p> <p>(Syllabus by the Court.)</p>