Malicious prosecution. D. to parts without the State of Indiana, to wit, to Louisville, in the State of Kentucky, he, the said A. B., not having first established a claim to the services of the said C. D.," etc., concluding as above. Ibid. If the indictment follow the language of the statute it is sufficient. 4 Blackf. 178. The statute against kidnapping was probably intended to prevent runaway slaves from being carried beyond the state, or arrested with intent to be carried beyond the state, without some legal investigation. Bicknell's Crim. Pr. 303. Physical force and violence are not necessary to the completion of this crime. It is more frequently committed by threats and menaces than by the employment of actual physical force and violence. 2 Bish. Crim. Law, § 772. SEC. 12. MALICIOUS PROSECUTION. SEC. 18. If any person shall maliciously, without probable cause, attempt to cause an indictment to be found, or other prosecution, for any crime or misdemeanor, to be commenced against any person; or if two or more persons shall conspire together for that purpose, the person so sought to be indicted, or otherwise prosecuted, being innocent, such person or persons so offending shall be fined not exceeding one thousand dollars, to which may be added imprisonment not exceeding six months. 2 R. S. 465. CHARGE. in the That A. B., on the day of year at said county, unlawfully and maliciously, and without probable cause, attempted to cause an indictment to be found against C. D., for the crime of rape, which she, the said A. B., then and there falsely alleged that the said C. D. had then lately before committed upon her, he, the said C. D., being then and there innocent of said offense; and the jurors aforesaid, upon their oath aforesaid, say, that the said A. B., in the prosecution of the said unlawful, malicious, and causeless attempt, then and there publicly and falsely stated, in the presence of E. F. and G. H., and divers other citizens of the county aforesaid, that he, the said C. D., had then lately before un Provoking assault, etc. lawfully and feloniously had carnal knowledge of her, the said A. B., by force and against her will; and the jurors aforesaid, upon their oath aforesaid, say that the said A. B., in the further prosecution of said unlawful, malicious, and causeless attempt, afterward, to-wit, on the day and year aforesaid, at the county aforesaid, and at the term of the Floyd Circuit Court, went before the grand jury of said county, then in session and duly impaneled, sworn, and charged for the body of said county of Floyd, for the term aforesaid, and then and there before said grand jury, unlawfully, maliciously, falsely, and without probable cause, did, upon her oath, charge and accuse the said C. D. that he, the said C. D., bad then lately before unlawfully and feloniously had carnal knowledge of her, the said A. B., by force and against her consent, he, the said C. D., being then and there innocent of said alleged offense; and the said grand jury then and there would not find a bill of indictment against the said C. D. for said alleged offense. Bicknell's Crim. Pr. 421. Where the indictment is against several charged with conspiring together, it should state that the defendants "did among themselves conspire, combine, confederate, and agree together," to cause the indictment to be found, etc., and then set out the several overt acts indicating the conspiracy, as in the last form. Ibid. SEC. 13. PROVOKING ASSAULT, ETC. SEC. 2. Every person who shall by words, signs, or gestures, provoke or attempt to provoke another to commit an assault, assault and battery, or other breach of the peace, shall, on conviction, be fined in any sum not exceeding twenty dollars. 2 R. S. 459, note 3. county, did, by words, signs, and gestures, unlawfully attempt to provoke C. D. to commit an assault and battery upon him, the said A. B. 29 Ind. 20. Drawing deadly weapon. SEC. 14. DRAWING DEADLY WEAPON. SEC. 1. If any person shall draw or threaten to use any pistol, dirk, knife, slung-shot, or any other deadly or dangerous weapon, upon any other person, he shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be fined in any sum not less than one nor more than five hundred dollars, to which may be added imprisonment in the county jail not to exceed six months: Provided, that the provisions of this act shall not apply to persons drawing or threatening to use such dangerous or deadly weapons in defense of his person or property, or in defense of those entitled to his protection by law. 2 R. S. 459, note g. CHARGE. in the year That A. B., on the day of at said county, did unlawfully draw upon one C. D. a certain dangerous and deadly weapon, to-wit, a pistol, and did then and there unlawfully threaten to shoot the said C. D. with the said pistol, he, the said A. B., not then and there drawing or threatening to use the said pistol in defense of his person or property, or in defense of those entitled to his protection by law. It is sometimes objected that an indictment under this statute, charging the defendant with drawing and threatening to use a weapon is double, but we think this has been settled to be otherwise. 33 Ind. 304; 2 Id. 308; 8 Blackf. 315. Negative averments.—It is necessary to aver in an indictment like this the exceptions laid down in the statute creating the of fense. 50 Ind. 174, 291; 7 Blackf. 590. See authorities cited in Chapter I., section 1, Part 1, under this title. Forgery-Counterfeiting. CHAPTER III. OFFENSES AGAINST PROPERTY. SECTION. 1. Forgery-Counterfeiting. 2. Burglary. 3. Arson. 4. Robbery.. 5. Larceny. 6. Receiving stolen goods. 7. Altering marks or brands-Poisoning stock. 8. Embezzlement-Defalcation. 9. Malicious SECTION. 12. Desecrating cemetery. flour, etc. 18. Fraudulent sales and conveyances. 19. False bill of lading. Trespass Setting 20. False pretenses. grounds on fire. 10. Trespass on land. 11. Carrying off products of the soil. 21. Falsely personating another. 22. Injuring telegraph pole or wire. SEC. 1. FORGERY-COUNTERFEITING. SEC. 30. Every person who shall falsely make, or assist to make, deface, destroy, alter, forge, or counterfeit, or cause to be falsely made, defaced, destroyed, altered, forged, or counterfeited, any record, deed, will, codicil, bond, writing obligatory, bill of exchange, promissory note for the payment of money or property, bank note, post note, receipt for money or property, power of attorney, certificate of a justice of the peace, or other public officer, auditor's warrant, treasury note, county order, acceptance or indorsement of any bill of exchange, promissory note, draft, or order, or assignment of any bond, writing obligatory, or promissory note for money or property; or any order, or draft for the payment of money or property; or any other instrument in writing; or any lawful brand on a tobacco, beef, bacon, or pork cask, lard keg or barrel, salt barrel, or hay bale; or any person who shall utter, or publish as true any such instrument, knowing the same to be false, defaced, altered, forged, or counterfeited, Forgery-Counterfeiting. with intent to defraud any person, body politic or corporate, shall be deemed guilty of forgery. 2 R. S. 439. CHARGES. 1. Forging promissory notes. (Two counts.) in the year at said That A. B., on the day of county, unlawfully, feloniously, and falsely, did forge and counterfeit a certain promissory note for the payment of money, which said forged and counterfeit note is as follows, to-wit: [here set out the instrument verbatim], with intent to defraud one C. D. And the jurors aforesaid, upon their oath aforesaid, do further present that the said A. B. afterward, to wit, on the day and year aforesaid, at the county aforesaid, unlawfully and feloniously did utter and publish, as true, a certain other false, forged, and counterfeit promissory note for the payment of money, which last aforementioned false, forged, and counterfeit note is as follows, that is to say: [here set out the instrument verbatim], with intent to defraud one C. D., he, the said A. B., then and there, at the time he so uttered and published the said last mentioned forged promissory note, as aforesaid, well knowing the same to be false, forged, and counterfeit.* Bicknell's Crim. Pr. 358. 2. Forging and counterfeiting coin. SEC. 31. Every person who shåll forge or counterfeit any gold or silver coin, which shall be at the time current in this state, or utter or tender in payment any such forged or counterfeit coin, or any forged or counterfeit bank note, bill, or treasury note, knowing the same to be forged, or counterfeit, with intent to defraud any person, shall be guilty of forgery. 2 R. S. 440. CHARGES. That A. B., on the day of in the year at said county, unlawfully and feloniously, did falsely make, forge, and counterfeit fifty pieces of coin, each piece in the resemblance and similitude of the silver coin of the United States commonly called a half dollar, and at that time current in the State of Indiana, with intent to defraud some person or persons to the jury aforesaid unknown. *This form was held good in 54 Ind. 168. |