State v. Ferguson (13 Ohio App. 2d 151, 1967)

Kerns, J.

The Grand Jury of Miami County found by indictment that the defendant, Lowell Ferguson, appellant herein, “did falsely alter or forge a certain instrument purporting to be a cheek of the purport and value following: being Check No. 146 dated June 6, 1966, the personal check of Lowell Ferguson, 2525 North Main Street, Dayton, Ohio, payable to the order of Brubakers Market in the amount of fifty dollars ($50.00), written on Winters National Bank and Trust Company, Dayton, Ohio and signed by Lowell Ferguson, with intent to defraud,” contrary to Section 2913.01 of the Revised Code.

Upon being brought before the Common Pleas Court pursuant to such indictment, the defendant entered a plea of not guilty and waived a trial by jury.

Thereupon, at the trial of the case before the court, the defendant stipulated that the check was written and uttered by him in Miami County.

At the end of the state’s case, the defendant moved for a directed verdict on the ground that the indictment does not charge a violation of Section 2913.01, Revised Code, and the state moved to amend the indictment to read “Lowell Ferguson did falsely make, alter or forge a certain instrument * *

The trial court granted the motion to amend the indictment and overruled the defendant’s motion for .a directed verdict. Thereafter, the defendant was found guilty of forgery.

The initial question presented herein is whether the word “make” was-indispensable to the indictment. . -

Section 2913.01, Revised Code, reads in. part, as follows:

“No person, with intent to defraud, shall falsely make, alter, forger counterfeit, print,