West v. State

Citations

• 45 Fla. 118

Syllabus

<p>CRIMINAL LAW — FORGERY AND' UTTERING — INDICTMENT MUST ALLEGE TENOR OF INSTRUMENT - FORGED. GRATUITOUS ORDER NOT OBLIGATORY ON ANYONE NO SUBJECT OF FORGERY.</p> <p>1. Where the requirement is not abrogated by express statute it is necessary for every indictment charging forgery, or the utterance of a forged instrument, to set out the forged instrument ipsissimis verbis, or, as it is termed in the books, by its tenor, unless tbe instrument be lost or destroyed, or is in the possession of the defendant, so that the prosecution can not obtain access thereto, in which event such fact must be stated in the indictment as an” excuse for not setting it out by its tenor.</p> <p>2.- A mere gratuitous request or order from B. to F. to let W. have -such goods of a specified kind as W. might desire without any obligation upon F. to comply, with such order and without obligating B. to pay for the goods that F. might let W. have on such order, is not the subject of forgery.</p>