Territory of Montana v. Poulier

Citations

• 8 Mont. 146

Syllabus

<p>Criminal Pleading — Forgery—Indictment.—An indictment for forgery contained two counts. The first charged the defendants with falsely making and forging an instrument, the second with falsely uttering and publishing an instrument. The instruments as described were the same as to words, figures, and dates, but the indictment did not charge that they were one aad the same. A demurrer to the indictment was sustained, on the ground that it charged two separate offenses. Held, that an indictment for the crime of forgery, as defined in section 96, division 4, Compiled Statutes, may set forth the different means by which, in connection with the same instrument, the offense was committed, in separate counts, if these refer directly to the same instrument; hut that the demurrer in this case was properly sustained, as the court could not infer from the mere identity of words, figures, and dates, that the same instrument was referred to in the two counts.</p>