This was an indictment for forgery tried at the January Term, 1873, of the Superior Court of New Hanover county, before his Honor, Russell, J. The charge was for forging a due bill in the following words: “Due to William H. Harrison for filling of rosin and storing of sprirts $50, payable 25th of August, WILLIAMS & MURCHISON, with intent to defraud one George W. Williams and one Daniel M. Murchison, against the form of the statute in such case made and provided, and against…
Decided 1873-06-05
Reade, J.
¶1
The indictment charges that the defendant forged the name of the firm of Williams & Murchison with intent to defraud George W. Williams and Daniel M. Murchison. And there was evidence tending to show that he did forge the name of the firm with intent to defraud the firm, but there was no evidence that George W. Williams and Daniel M. Murchison were the individual members of the firm, and therefore there was
no evidence
that the intent was to defraud George W. Williams and Daniel M. Murchison. And his Honor ought so to have charged the jury in response to the prayer of the defendant. His refusal to do so was error, for which there must be a
venire de novo.
