State v. Calhoun

Citations

• 75 Kan. 259
• 88 P. 1079
• 1907 Kan. LEXIS 47

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Forgery — Uttering and Passing of Forged Paper — Procurement. The offense defined in section 133 of the crimes act (Gen. Stat. 1901, § 2126) is not the uttering or passing of forged paper by the accused, but is rather the procuring of another to pass forged paper by a sale, exchange or delivery, or the offering to sell, exchange or deliver, for any consideration, forged paper, knowing it to-be forged, and with the intent to have it passed.</p> <p>2. -Information — Sufficiency. An information which charges that the accused transferred and delivered a forged promissory note to a bank, knowing it to be false and forged, ' and with the intent to defraud the bank, and that it was transferred and delivered with the intention to have it uttered and passed to the bank, sufficiently charges an uttering and ■passing of forged paper under section 134 of the crimes act. (Gen. Stat. 1901, § 2127.)</p> <p>3. -Proof of Uttering and Passing a Forged Paper. Proof of the transfer and delivery of a forged note as collateral security for a loan of money, with knowledge that the note was false and forged, and with the intent to defraud, is sufficient to show an uttering and passing of the forged paper, and the fact that the bank to which it was passed did not suffer actual loss nor find it necessary to realize on the collateral does not relieve the act pf the accused of its criminal character.</p> <p>4. -Evidence of Other Offenses — Knowledge of False Character of the Paper. For the purpose of proving that the accused had knowledge of the false character of the instrument which he is charged with uttering and passing, it is competent to show that at about the time of the offense he posr sessed or uttered other similar forged instruments.</p>