Hicken v. State

96 Ga. 759

Opinion

Lumpkin, J.

An indictment charging that the accused did “ make and forge the following check for money, to wit:

‘No. 26. Marietta, Ga., July 17th, 1894.

‘The First National Bank pay to the order of Mrs. Anna Lyons twenty-five dollars 00-100.

‘ $25-1°0V E. O. Henderson,’

meaning O. E. Henderson of the firm of Henderson and Austin,” etc., is not a good indictment for forgery. It does not charge the forgery of the name of any person alleged to be actually in existence, but at most only charges a mere intention to forge the name of a real person bearing the name of O. E. Henderson, and shows on its face that this intention failed of accomplishment.

Simmons, O. J., dissenting.

Judgment reversed.