Territory of Montana v. Poulier
Montana Supreme Court
Appeal from the First Judicial (formerly Third) District, Lewis and Clarke County. STATEMENT. The indictment was as follows;— “ The grand jurors of the grand jury of the Territory of Montana, in and for the county of Lewis and Clark, duly impaneled, sworn, and charged at the July tenn, 1887; of the Third Judicial District Court, in and for said county of Lewis and Clark, begun and held at Helena, the county seat of said county, on the fifth day of July, A. D. 1887, to…
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Appeal from the First Judicial (formerly Third) District, Lewis and Clarke County. STATEMENT. The indictment was as follows;— “ The grand jurors of the grand jury of the Territory of Montana, in and for the county of Lewis and Clark, duly impaneled, sworn, and charged at the July tenn, 1887; of the Third Judicial District Court, in and for said county of Lewis and Clark, begun and held at Helena, the county seat of said county, on the fifth day of July, A. D. 1887, to inquire into, and true presentment make of all public offenses against the laws of said Territory, committed within the said…
1Opinion of the CourtBach, J.
The statute of this Territory, defining forgery and the acts that constitute it, declares that such crime may be committed, by falsely uttering and publishing, as well as by falsely making and forging. These are separate means by which the crime can be committed; and when each of the acts is connected with the same instrument, an indictment, charging the same in separate counts, the first by falsely making and forging, the second by falsely uttering and publishing, is not subject to demurrer for duplicity; for only one offense is charged, to wit, the crime of forging as to one and the same…
2Cases cited3 opinions
- People v. ShotwellCalifornia Supreme Court · 1865
- People v. TomlinsonCalifornia Supreme Court · 1868
- Keeran v. GriffithCalifornia Supreme Court · 1866
3Cited by8 opinions
- State v. BickfordNorth Dakota Supreme Court · 1913
- State v. PhillipsMontana Supreme Court · 1954
- State v. KlugherzSupreme Court of Minnesota · 1904
- State v. MittonMontana Supreme Court · 1908
- State v. PerryWest Virginia Supreme Court · 1926
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