St. Landry democrat., 1878-03-23
The Anderson Trial.


Below will be found an extract, from
the decision with the decree of the court
avoiding and reversing the finding VI
the jury and the Judgment and sentence
of the lower court and discharging tn.
prisoner from custody:
The Dffense charged in the informa
@iop is uttering and publishing as true
certain altered public record, to wit
the returns from the parish of Vernon
as shown by the original returns OF sal,
election made by the supervisor o1
election.
When the State offered in evidence
the alleged public record, the defendant
objected on the ground that it did not
conform to the description contained in
the information; or, in other words
ing and publishing of which, altered
Thereupon the State moved to amend
by striking out the words original re.
tErus,n and inserting consolidated state-
ment of v0tes, parish Of Vernon" in lieu
thereof, and by striking out the words
supervisor of election,' and inserting III
their stead 'superuis0r Of registration. =
The amendment was permitted and
the trial proceeded on the information
as amended, and bill was reserved.
We do not propose to consider the right
TO amend because the situation of the
accused, though changed, was improved
bv the substitution and his chances of
escane increased. The document was
again offered in evidence under the
amendment and received.
Whenever forgery of an instrument
or the utteling of IL forged instrument
is charged, and the instrument has a
legal definition and meaning-ttiat is to
say, has certain characteristics Or quail
ties impaired to it by law-it is not
n-edful to set it forth in the informa-
ton with minute precision, because the
general or legal term by which it is
known sufficiently desi gl,ates the kind
of instrument meant. Thus, Il bond or
u will is Ill instrument known to the
law, and the law dictates hat shall he
known and held to be Il bond or a will.
But when statute provides for an in
strument, not klnnWn to the law hitller-
to, or in other words, creates it and i'm
presses upon it Itrtain features peculiar
To Itself, forgery caDnat be committed
by making d false statutory one in
form not provided 10y the statute, even
tHouRii IL NC no 5iihE '"o s0huino que
as to deceive most persons, and the ut
ment would not be punishable. Bishop
Criminal Law, sec. sos.
Under our statute it is only necessary
to set out the purport of any instru-
ment, or to designate it by name, it it is
usually known by one, in an indictment
for forging, uttering, etc. (Rev. Stats,
1870, sec. 1049.) But in order to he
forgery the instrument thus set out and
to be feloniously made, must
be OF such character that, it genuine,
it would be EVIDENCE of the fact it re
.ites. The instrument must be such
chat, when forged. it does or may tend
10 prejudice the rights of another, OF,
as put by Bishop, it must either appear
IN its face to be, Or it must in fact BE-,
Drie which, if true, would he legally
capable of etfecting a fraud; (Secs.
503, 511; State, Is Ohio ~; State VS..
Snow, not yet reported. =,
The instrument charged in the amen
He'd information as having been falsely
uttered is the consolidated statement
pf votes, parish Vernon, made by the
supervisor 0f registration" The sta
ute nowhere gives to this consolidated
any efficacy or value as"evi-
ience of the result 6t the election, nor
ioes it any where direct or permit 1t to
Do used as IL means of ascertaiHing snch \
psult. The returning officers are not
eqnired TO use it. The instruments or
documents they are required to canvass
lre the original returns OF the commits |
iOners, and from them aud them alone |
hey must compile the vote. This "con-
statement of the supervisor |!
# registration is of SD little account |
hat it's preservation among the archives |
It either parish or State is not CON-
The clerk of court il not |
furnished with duplicate, as he is OF
he commissioners returns. There is
10 officer who is authorized by law tu
rive certified copy of it for use as
'vidence, or for any other use, The
Jerk is directed to certify it as correct,
md this appears to have been required
o that it may be- known to conform to
he duplicate list OF commissioners re-
urns in his office; and after it 10 so GER
flied the supervisor transmits it to the
officers along with the 0rigi-
al returns sent him by fhe commission
rs. and from tile latter alone they COM
'ile the vote. @
Ii the supervisors of registration of
very parish in the State should alter
nd forge every consolidated statement
t votes made by each one, respectively,
nd transmit them, thus altered and
orged, TO the returning officers, and
llese officers should canvass and COM
lie the votes, as the statute requires.
of tl0m these consolidated statements,
ut from the unaltered commissioners
efurns, no injury would be suffered by
~ <d1asnf
he supervisors consolidated statement
! not made by the statute the basis Of
he final canvass and compilation Of the
Ote, as the original returns ut the COM
ilssloners are, and hence the alteration
nd forgery OF all of them, the returns
the commissioners remaining unal-
red would not change the result of
10 election in any parish. To consti-
4te forgery the forged instrument must
one which, II genuine, may injure
mother, and this must appear. either
'om the description of the instrument
{ Oy the averment of matter aiuBde
here, from aught that appears in the
'f0rInatlnn, the instrument was nu-
s,,, f,t1etaat, or ut no effect, forgery can
Dt be predlcafed upon it. People VS..
So CAL, 5O5. And the same
Inclple of course applies to the utter {
e OF forged instrument. g
y ls unnecessary 7. for us to say whether
Q consolidated returns OF the super /
sor of registration, without the clerks t
rflheate, is or is not public record,
scepflble OF forgery. 1t In sufficient Q
remark that tile paper offered In eyi-
nee i not the instrument, the utter Il
ce OF which as forged is charged 11pon v
e defendant. 0
after conviction a motion in arrest of r
agmenf was made, because it was not 4
arged 10 the information, either in its II
ginal form or as amended, that the G
Fering or publishing the alleged. al b
'ea and foi ged instrument was done t.