Volume 243 — Indiana Reports

1. CRIMINAL LAW — <italic>Motion to Quash — Motion in Arrest of Judgment</italic> <italic>— Liberal Construction.</italic> — Where sufficiency of criminal affidavit is raised first by motion to quash and later<page_number>Page 533</page_number> by a motion in arrest of judgment, reviewing court will consider only defects as challenged by appellant's motion to quash, where they are considered most liberally in favor of appellant-defendant. p. 535. 2. FORGERY — <italic>Criminal Law and Procedure — Affidavit Charging</italic> <italic>Offense — Certainty of Affidavit — Statutes.</italic> — Affidavit substantially in the words of the statute charging that appellant did feloniously make, forge and counterfeit a check, setting out the terms thereof, with intent to defraud the purported maker of such checks, states a criminal offense with sufficient certainty. p. 538. 3. FORGERY — <italic>Uttering Forged Check — Indictment and Affidavit.</italic> — Affidavit charging utterance of forged check alleging that defendant "did . . . make, forge and counterfeit" the check which was "purported to have been made and executed by R N" leaves no doubt as to who is charged with its execution and is sufficiently certain with respect thereto. p. 539. 4. FORGERY — <italic>Uttering Forged Check — Criminal Law — Intent to</italic> <italic>Defraud — Statute — Obtaining Something of Value.</italic> — All that need be alleged under statute pertaining to the uttering of a forged check is that such check was uttered with intent to defraud (Section 10-2102, Burns' 1956 Replacement). It is not necessary to allege that some property or thing of value was obtained from the defrauded party. p. 539. 5. FORGERY — <italic>Uttering Forged Check — Intent to Defraud —</italic> <italic>Criminal Law — Words and Phrases.</italic> — Uttering is the offering of a forged instrument, knowing it to be such, with a representation that it is genuine, and with an intent to defraud, and it is not essential that accused should have been implicated in the forgery, that the instrument be accepted as genuine, or that anyone be actually prejudiced by it. p. 540. 6. PLEADING AND PRACTICE — <italic>Motion for New Trial — Evidence —</italic> <italic>Admissibility of Exhibit.</italic> — No issue is reserved on appeal as to admissibility of an exhibit where motion for new trial does not contain State's offer to introduce the exhibit or its substance into evidence nor defendant's objections thereto. p. 540. 7. APPEAL — <italic>Briefs — Argument — Corpus Delicti — Confession —</italic> <italic>Waiver.</italic> — Where accused did not argue that the corpus delicti had not first been proved before a confession was offered in evidence he waived any issue thereon. p. 542. 8. EVIDENCE — <italic>Confession — Voluntariness of Confession — Prima</italic> <italic>Facie Admissibility of Admissions — Improper Inducement.</italic> —<page_number>Page 534</page_number> Although the court must hear evidence regarding the voluntariness of a confession, an admission in proper form and properly identified is prima facie admissible and should be received without question, unless it is shown that it was improperly induced. p. 542. 9. TRIAL — <italic>Criminal Law and Procedure — Evidence — Admitting</italic> <italic>Confession — Voluntary Character of Confession — Failure to</italic> <italic>Offer Contradictory Proof.</italic> — Where defendant declined to make any proof in contradiction of the voluntary character of the admission when given an opportunity to do so, he was not prejudiced by initial ruling of the court (later set aside) with respect to the admission of evidence regarding the admissibility of the confession. p. 542.