State v. Fay
Supreme Court of Missouri
Appeal from Audrain Circuit Court.—Hon. G-. Porter, Judge. The note should not have been admitted in evidence, because it is altogether a different instrument from that described in the indictment, and purporting to create altogether a different pecuniary liability from that named in the indictment. The liability named in the indictment was sixty dollars in sixty days, against Abraham Turner and James C. Orr.
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Appeal from Audrain Circuit Court.—Hon. G-. Porter, Judge. The note should not have been admitted in evidence, because it is altogether a different instrument from that described in the indictment, and purporting to create altogether a different pecuniary liability from that named in the indictment. The liability named in the indictment was sixty dollars in sixty days, against Abraham Turner and James C. Orr. The paper offered in evidence purported to create a liability for $60, payable in sixty days, at a specified bank with, interest at ten per cent, to be compounded. There was a fatal…
1Opinion of the CourtNorton, J.
The defendant was indicted at the October term, 1875, of the Audrain county circuit court, for forgery in the third degree. He was put upon his trial and convicted, and his punishment assessed to two years imprisonment in the penitentiary. To reverse the judgment the defendant brings the cause here by appeal, and urges as a reason for reversal the insufficiency of the indictment and the action of the trial, court in admitting illegal evidence and in giving and refusing instructions. The indictment is framed on sec. 16 1 Wag. Stat. 470, which is as follows : Every person, who, with intent to…
2Cases cited2 opinions
- State v. SmithSupreme Court of Missouri · 1860
- State v. WallSupreme Court of Missouri · 1867
3Cited by15 opinions
- Agee v. StateSupreme Court of Alabama · 1896
- State v. Stewart.Missouri Court of Appeals · 1933
- State v. EnglishSupreme Court of Missouri · 1877
- State v. HarrisonSupreme Court of Missouri · 1941
- State v. FleshmanWest Virginia Supreme Court · 1895
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