State v. Barrett

Citations

• 121 La. 1058
• 46 So. 1016
• 1908 La. LEXIS 792

Syllabus

<p>1. Forgery — Altering Forged Instrument.</p> <p>To alter a forged instrument is to contribute towards the forgery thereof.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 23, Forgery, § 21.]</p> <p>2. Same — Uttering Forged Instruments— Statutes.</p> <p>Rev. St. § 833, making it a crime to forge or alter instruments with intent to defraud, and to “alter or publish” as true a forged instrument, does not make it an offense to utter a forged instrument, though the quoted word “alter” is a misprint for the word “utter,” which error the court cannot correct.</p> <p>3. Indictment and Information — Unnecessary Words — Surblusage.</p> <p>Unnecessary words in an indictment may be rejected as surplusage, and are harmless so long as they do not negative the offense meant to be charged.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 27, Indictment and Information, § 311.]</p> <p>4. Forgery — Publishing Forged Instrument — Indictment^Sufficiency—1“Utter’ ’ —“Publish.”</p> <p>An indictment alleging that accused did “utter and publish” as true a forged instrument states an offense under Rev. St. §. 833, making it an offense to “alter or publish” as true a forged instrument, since the word “utter” is mere surplusage, and does not show that accused did no't commit the offense of publishing, the words “utter” and “publish” conveying the meaning of disposing of the forged instrument, and having about the same meaning (citing Words and Phrases, verba “Utter and Publish”).</p> <p>[Ed. Note. — For other definitions, see Words and Phrases, vol. 7, p. 5847; vol. 8, pp. 7251-7252.]</p> <p>5. Criminal Law — Former Jeopardy.</p> <p>Since the evidence which will support an indictment for publishing a forged instrument is not sufficient for a conviction for the forgery thereof, the acquittal on the charge of forgery is not a bar to a prosecution for publishing the forged instrument.</p>