State v. Baumon

1. Criminal Law: forgery: what constitutes. It ismoi necessary to constitute the crime of forgery that the instrument made or uttered should possess all the requisites of commercial paper. The signing of the name of another to an order requesting the payment to the bearer of a sum of money was held to be forgery, although neither the drawee nor payee was named therein.

Appeal from Johnson District Court. On the 7th day of June, 1877, the following indictment was returned into court by the grand jury of Johnson county. The charging part of' the bill is as follows:. “ The grand jurors do aver, find aud present that Frederick Baurnon, at and within said county, on the 25th day of February, 1877, witli intent to defraud, did falsely make, forge and counterfeit a certain pretended order, it being an instrument in writing, purporting to be the act of one John T. Singleton, •and by which a pecuniary obligation was and is purported to be created against the said John T. Singleton. The said false, forged and counterfeit instrument in writing is in words and figures following, to-wit; ^February, 25th, 1877. 'iDea/r Sir: — Please let the bearer of this have five dollars <on my charge. £JonN Singleton.’ “ That the said false, forged and counterfeit order or instrument in writing aforesaid was by the said Frederick Baumon intended to be an order drawn upon one John Leydell, and the name John Singleton signed thereto was by him meant and intended to represent the name of John T, Singleton.” Said indictment contained another count charging the defendant with feloniously Uttering said forged instrument. The defendant filed a demurrer to said indictment which was in these words: “ And now comes the said defendant and demurs to the indictment herein found, because the instrument set forth in the indictment does not purport to create any legal liability, and the forgery thereof or uttering the same does not constitute a crime under the laws of the State of Iowa.” The demurrer was sustained, and the defendant discharged. The State appeals.