State v. Woods

Citations

• 112 La. 617
• 36 So. 626
• 1904 La. LEXIS 447

Syllabus

<p>FORGERY — INDICTMENT — DESCRIPTION OF INSTRUMENT — DUPLICITY — INSTRUCTIONS—EXAMINATION OF WITNESSES — DISCRETION OF TRIAL COURT — BILLS OF EXCEPTION.</p> <p>1. An indictment charging the forgery of an indorsement on a school warrant issued by the school board of the parish, for a certain sum of money, payable to a certain person, sufficiently describes the forged instrument, and it was not essential to charge that the warrant was payable to order. “Warrant” and “order” are synonymous, and the statute reads “indorsement of assignment.” Act No. 67 of 1896, p. 99; McClain, Criminal Law, 753; State v. Clement, 42 La. Ann. 583, 7 South. 685; State v. Maas, 37 La. Ann. 292. Description by “any name usually known” suffices. Rev. St. § 1049.</p> <p>2. Motions to elect for duplicity come too late after the jury is sworn. Rev. St. § 1064.</p> <p>3. Bills of exception, where jurors are challenged for cause and the challenge overruled, should show that such jurors were accepted and sworn, or were challenged peremptorily by accused, who exhausted his peremptory challenges before a full jury was obtained.</p> <p>4. Bills of exception to the admissibility of evidence should show its materiality, relevancy, reception, and probable injury to the accused.</p> <p>5. The trial judge has the right to question witnesses, and his discretion will not be interfered with unless in case of palpable abuse.</p> <p>6. Special charges requested should be applicable to the facts of the case, and the bill should show their relevancy, especially where the trial judge states in his reasons that they had “no connection with the facts elicited on the trial.”</p> <p>7. Questions of law arising on the face of the indictment should be determined by the court and not by the jury.</p> <p>8. The proposition that the state must prove “that the forged indorsement has a similitude to the genuine signature of the party,” if not erroneous, requires qualification. “It is sufficient if there be a bare possibili