People v. Murrah

627 N.E.2d 1138, 255 Ill. App. 3d 742, 194 Ill. Dec. 496, 1993 Ill. App. LEXIS 1963
CourtAppellate Court of Illinois
DecidedDecember 30, 1993
Docket4-92-0903
StatusPublished
Cited by5 cases

This text of 627 N.E.2d 1138 (People v. Murrah) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Murrah, 627 N.E.2d 1138, 255 Ill. App. 3d 742, 194 Ill. Dec. 496, 1993 Ill. App. LEXIS 1963 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Defendant Reed Alan Murrah was convicted of forgery (Ill. Rev. Stat. 1991, ch. 38, par. 17 — 3) following a jury trial in Champaign County and was subsequently sentenced to a five-year term of imprisonment. He now appeals, contending the trial court erred in not directing a verdict in his favor. We affirm.

On June 10, 1992, defendant was charged by information with two counts of forgery. Count II alleged defendant,

“with the intent to defraud, knowingly made a document, namely: a request form application for an American Express credit card knowing that said document was apparently capable of defrauding another by purporting to have been made by Russell D. Brooks, knowing that Russell D. Brooks did not make said document.”

Count III charged defendant with making this document “knowing that said document was apparently capable of defrauding another by purporting to have been made by the authority of Russell D. Brooks when he knew in fact Russell D. Brooks did not give such authority.” A third forgery charge (count IV) was filed on June 18, 1992, alleging defendant,

“with the intent to defraud, knowingly altered a document, namely: a request form application for an American Express credit card, by adding Reed Murrah as an employee authorized to receive a card on the account of Brooks Brothers Trucking, knowing that said altered document was apparently capable of defrauding another, by purporting to have been made by authority of Russell D. Brooks, when he knew in fact Russell D. Brooks did not give such authority.”

At trial, Russell D. Brooks testified he ran a trucking terminal for over-the-road trucks that he owns and which are leased to a local company. He was responsible for scheduling the drivers, the loading and delivering of the goods. Defendant was employed by Brooks as a record keeper. Defendant did all the record keeping, billing and other office-related duties. Defendant also picked up and opened all of Brooks’ mail. Although defendant was only paid $200 a week, Brooks testified he wore expensive clothing and jewelry and drove luxury cars. Brooks indicated defendant intimated he had a source of income other than his employment at Brooks Brothers Trucking. Brooks explained that in the normal course of daily business, defendant would bring documents or checks which needed his signature into his office and either drop them off for him to sign or wait for the items to be signed if he needed them right away.

In January 1991, Brooks applied for a corporate credit card from American Express. After receiving an application in the mail, Brooks participated in a telephone interview regarding his application. Brooks explained that he would use his credit card only for emergencies because he was currently experiencing a cash flow problem. As to the initial application, Brooks testified defendant typed out the application and then had Brooks sign it. Brooks left the space captioned “For additional cards for other employees, complete this form” blank. He testified that when he was interviewed by American Express, he specifically stated there were to be no additional cards issued on this account. Brooks testified defendant never approached him about obtaining an employee’s credit card on the corporate account and he would not have authorized such additional card.

The parties stipulated that a document entitled “Approved Request Form,” which listed Brooks’ name as the authorizing officer with the corporate account number, was signed by Brooks. Below Brooks’ signature, this document contained this sentence: “PLEASE LIST EMPLOYEES YOU WOULD LIKE TO ADD TO YOUR ACCOUNT. NAME AND TITLE OF EMPLOYEE.” Underneath that sentence, “Reed Murrah, office manager” had been typed onto the form. Brooks testified he did not intend to sign a form giving defendant permission to receive an American Express credit card on the corporate account and he did not specifically recall signing this form. The application for the additional card was postmarked February 8, 1991.

Approximately three or four weeks after obtaining the credit card, Brooks used it to purchase gasoline on two occasions, totalling approximately $300. When he failed to receive a bill, however, he became concerned. Sometime thereafter, Brooks received a telephone call from American Express about the extremely large amount of charges on the credit card. He explained that a mistake must have been made because he only charged $300 worth of gasoline. The American Express representative explained there was a second card that had been issued to defendant on the corporate account which had been used for various purchases. The representative also told Brooks that the first month’s charges of $2,400 had been paid, including the $300 gasoline charge. Brooks told the representative all purchases made by defendant were unauthorized.

Eric Planbeck, a senior special agent with American Express, identified the original application for the corporate account and the actual credit card issued to Brooks Brothers Trucking. He also identified the additional card issued on that corporate account in defendant’s name. Finally, Planbeck identified monthly billing statements covering March through June 1991, with two account numbers, one for Brooks Brothers Trucking and one in defendant’s name, and the following dollar totals: (1) March — $2,443.07; (2) April — $6,030.87; (3) May — $2,016.94; and (4) June — $114.20.

Chris Bolt, an investigator with the Champaign County sheriff’s department, interviewed defendant on April 26, 1991. Defendant indicated he owned an American Express card on the Brooks Brothers Trucking corporate account. Defendant told Bolt he obtained the card at the same time Brooks obtained the corporate account card by mailing in the form to American Express. He acknowledged making the charges on the monthly statements previously admitted into evidence. Defendant told Bolt that Brooks knew he had this credit card and they had an agreement where they would pay the personal charges incurred by defendant.

Defendant presented no evidence. The jury subsequently convicted defendant of forgery and the trial court sentenced him to five years’ imprisonment. He now appeals.

Defendant’s argument on appeal, which is the identical argument made at the close of the State’s case on his motion for directed verdict, is that the court should have directed a verdict in his favor because the only viable theory of forgery was “alteration” and there was no evidence that defendant added his name to the application as an authorized card holder after Brooks had signed the blank form. Defendant specifically relies upon People v. Pfeiffer (1909), 243 Ill. 200, 90 N.E. 680, for support.

In Pfeiffer, an attorney falsely indicated to the makers of certain notes that the original notes had been destroyed. He prepared a new set of notes which were executed by the makers. He then used these new notes for his own personal gain. The supreme court held this did not constitute forgery. Specifically, the court stated:

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Cite This Page — Counsel Stack

Bluebook (online)
627 N.E.2d 1138, 255 Ill. App. 3d 742, 194 Ill. Dec. 496, 1993 Ill. App. LEXIS 1963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-murrah-illappct-1993.