State v. Shaw

Citations

• 72 Kan. 81
• 82 P. 587
• 1905 Kan. LEXIS 312

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Forgery — Nature of Instrument — Information. A certain ' instrument held to be such a writing as is made the subject of forgery by section 2122 of the General Statutes of 1901. It is a check or order by which a pecuniary obligation purports to be transferred and created, and an information that charges the false making and forging of such an instrument, with intent to injure or defraud, without the allegation of any extraneous facts, charges the crime defined by said section.</p> <p>2. - Warrant — Preliminary Examination — Information. When a warrant charges the defendant with the forging of such an instrument, and with indorsing thereon “Edd Shaw” and selling the same to B. for a valuable consideration, with intent to defraud, and the defendant is taken before a justice of the peace and waives a preliminary examination thereon, the county attorney is thereby authorized to file an information charging the defendant with the crime of forgery in the fourth degree, as defined in section 2126 of the General Statutes of 1901. A plea in abatement to such information on the ground that the defendant has had no preliminary examination for such offense is not good.</p>