People v. Rynders
New York Supreme Court
Ryndeks was indicted at the Cayuga oyer and terminer for forgery. The indictment contained several counts: in the three first counts it was stated that Rynders, on the 23d November, 1833, at &c. feloniously did falsely make, forge and counterfeit, and did cause and procure to be falsely made, forged and counterfeited, and did willingly act and assist in the false making, forging and counterfeiting a certain check, which said false, forged and counterfeited check is as…
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Ryndeks was indicted at the Cayuga oyer and terminer for forgery. The indictment contained several counts: in the three first counts it was stated that Rynders, on the 23d November, 1833, at &c. feloniously did falsely make, forge and counterfeit, and did cause and procure to be falsely made, forged and counterfeited, and did willingly act and assist in the false making, forging and counterfeiting a certain check, which said false, forged and counterfeited check is as follows, that is to say: “ Auburn, Nov. 23, 1833. Cashier Cayuga County Bank. Pay to Dis’ct or bearer, nine hundred eighty-two…
1Opinion of the Court
By the Court,
Savage, Ch. J.
I will consider the several exceptions in the order in which they are taken ; and first, was the district attorney compelled to elect which count he would proceed upon ? That there would be an incongruity in incorporating in the same indictment offences of a different *430character, such for instance as forgery and perjury, cannot be denied, and that in such a case a court would refuse to hear a trial upon both, there can be no doubt; but when offences of the same character, differing only in degree, are united in the same indictment, the prisoner may and ought to be…
2Cited by54 opinions
- Pointer v. United StatesSupreme Court of the United States · 1894
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- People v. SweeneyMichigan Supreme Court · 1885
- Mayo v. StateSupreme Court of Alabama · 1857
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