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STATE v. PHILLIPS

No. 74.

124 S.E.2d 146 (1962)

256 N.C. 445

STATE v. Charles D. PHILLIPS.

Supreme Court of North Carolina.

February 28, 1962.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and Harry W. McGalliard, Asst. Atty. Gen., for the State.

S. Thomas Walton, Asheville, for defendant.

MOORE, Justice.

The court erred in denying defendant's motion for nonsuit.

Three elements are necessary to constitute the offense of forgery: (1) There must be a false making or alteration of some instrument in writing; (2) there must be a fraudulent intent; and (3) the instrument must be apparently capable of effecting a fraud. State v. Dixon, 185 N.C. 727, 117 S.E. 170.

The State's evidence is sufficient...

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