Turnipseed v. State

Citations

• 45 Fla. 110

Syllabus

<p>CRIMINAL LAW — FORGERY—INDICTMENT NEED NOT ALLEGE INSTRUMENT TO HAVE BEEN FALSELY MADE. IMMATERIAL HARMLESS ALTERATION OF INSTRUMENT NOT FORGERY.</p> <p>1. Although our statute defining forgery uses the language “who ever falsely makes, alters, forges or counterfeits,” yet .it is well settled that while it is usual in indictments for the crime to aver that the defendant “did falsely forge and counterfeit,” still it is sufficient to allege that he “forgeij and counterfeited,” since the adverb (falsely) is sufficiently implied in the words forged and counterfeited.</p> <p>2. Where the alleged forgery of an instrument consists in an alteration of it, the alteration must be material, so as to change, modify or alter the obligations imposed by the instrument, otherwise- it creates no falsity in the seeming legal efficacy of the writing and there is no forgery.</p>