Corbett v. State
Supreme Court of Georgia
Indictment, from Muscogee county. Tried before Judge Worried, at November Term, 1857. Edmund C. Corbett was indicted for demanding payment of a certain promissory note, knowing the same to be forged and counterfeited. The -note was as follows: “ Due E. C. Corbett or bearer, the sum of ten thousand dollars with interest from date, on a settlement, to be paid when the money belonging to the firm of Lowe & Simmons is collected. This May the 16th, 1853. (Signed,) II. II. LOWE.”
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Indictment, from Muscogee county. Tried before Judge Worried, at November Term, 1857. Edmund C. Corbett was indicted for demanding payment of a certain promissory note, knowing the same to be forged and counterfeited. The -note was as follows: “ Due E. C. Corbett or bearer, the sum of ten thousand dollars with interest from date, on a settlement, to be paid when the money belonging to the firm of Lowe & Simmons is collected. This May the 16th, 1853. (Signed,) II. II. LOWE.” The jury found the defendant guilty, whereupon his counsel moved in arrest of judgment. 1st. Because the instrument set…
1Opinion of the CourtMcDonald, J.
By the Court delivering the opinion.
The judgment of the Court below must be reversed on the ground that the presiding Judge erred in refusing to sustain the motion in arrest of judgment made by the prisoner’s ■counsel. The defendant was indicted for demanding payment of a note known by him to be a forged and counterfeit note.
The instrument set forth, in the indictment as a note, is to be paid when the money belonging to the firm of Lowe & Simmons is collected. It is not a written promise to pay money to another unconditionally, absolutely and at all events. The money is not promised to be…
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