Section 23.8 Possession and Uttering of Forged Instruments

• Library: Criminal Practice 2012 Supp

4. (§23.8) Possession and Uttering of Forged Instruments

Knowledge of the falsity of a purported writing is a necessary element in the crime of forgery. Section 570.090.1, RSMo Supp. 2004; State v. Taylor, 778 S.W.2d 276, 279 (Mo. App. W.D. 1989). This knowledge, however, can be logically inferred from the evidence. Id. “[T]he possession of and attempt to pass a forged instrument raises a presumption or inference that the person in possession forged it and, unless its possession is explained to the satisfaction of the trier of the facts, such presumption becomes conclusive.” Id. at 279; State v. Gantt, 504 S.W.2d 295 (Mo. App. W.D. 1973). This is not, however, a true presumption...