This was an indictment for forgery in signing the names of the prosecuting witnesses to what purports to be a mortgage without their authority “with intent to defraud,” etc. There was evidence that neither the prosecuting witness nor his wife could read or write, and that they both authorized the defendant to sign for them a duebill for the $9 balance of purchase money. The court, after defining forgery and reciting the evidence, told the jury that “if they were satisfied beyond a reasonable doubt that the defendant signed the names of B. 0. Atwell and Mrs. B. 0. Atwell to the paper writing purporting to be a mortgage without being authorized by the prosecuting witness or his wife, they should return a verdict of guilty.” This charge is erroneous in that it fails to state that if the signing of the mortgage was done “with intent to defraud, etc,” then the verdict should be guilty.
The bill charges a fraudulent intent, and that is a necessary ingredient in the offence of forgery. . The Judge below failed to state the law correctly, and the omission was calculated to mislead the jury. If the court simply omits to give an instruction which it has not been requested to give, perhaps the defendant could not complain; but when the Judge undertakes to state the law he must state it correctly, and an omission of an essential ingredient is a misdescription. The court must administer the law correctly, and an admission of counsel would not excuse an error in expounding its principles to the jury. State v. Austin, 79 N. C., 624.
The parties were illiterate, and as the defendant was authorized to sign a note for the parties he may have signed the mortgage in good faith. One of the prosecuting witnesses testified: ‘ ‘I told him what to write and he did as I told him to do.” These were matters *1082for the jury under a correct charge of the law in such cases. This was the only exception relied upon.
New trial.