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I have a case where the defendant passed a counterfeit $20.00. Who should I allege is the owner or authorizing person? I don't want to have to call the secretary of the treasury to come to testify.
 
Posts: 14 | Location: Bryan,TX | Registered: August 13, 2002Reply With QuoteReport This Post
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Take a look at CCP art. 21.05, which indicates that you need not name a particular person.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Thanks John. I was really talking about the language in the indictment which says that the writing "had been so made that it purported to be the act of____who did not authorize the act." In check cases its usually the owner of the check
 
Posts: 14 | Location: Bryan,TX | Registered: August 13, 2002Reply With QuoteReport This Post
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In that case, we name the head of the department of the treasury, and the Secret Service Agent can testify that they never give permission for counterfeit money.

By the way, those guys can get oral confessions that are now admissible in state court, because they are federal law enforcement. See the amendment to art. 38.22 last session.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Thanks for the info John
 
Posts: 14 | Location: Bryan,TX | Registered: August 13, 2002Reply With QuoteReport This Post
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