Somsky

This is an appeal from a judgment based on a verdict of conviction of the defendant upon the charge of forgery.

The appellant’s first contention is that the verdict of the jury was insufficient in form to support the judgment appealed from. The information charged the defendant with the commission of “the crime of felony, to wit, forgery committed as follows”: it then proceeded to set forth in detail that the defendant did willfully, unlawfully, feloniously, falsely, fraudulently, and with intent to prejudice, damage, and defraud the Bank of Italy, make, alter, forge, and counterfeit a certain indorsement and certification, to wit, “Certified 12/5 1917, Heilman Commercial Trust & Savings Bank, W. O. Tarry, Cashier, $3,800.00,” upon a certain check (setting the same forth in detail), and did then and there with the same fraudulent and felonious intent utter, publish and pass the same as true and genuine to the said Bank of Italy, contrary,” etc. [1] The verdict of the jury read as follows: “We, the jury, find the defendant, Theodore Somsky, guilty of felony, to wit, forgery.” The defendant’s contention is that this verdict, in order to be sufficient to support the judgment, should…