Powell v. Commonwealth
Supreme Court of Virginia
William A. Powell was indicted for forgery, and for uttering a forged paper, in the Circuit court of the city of Eichmond. The indictment' charged that Powell, having in his possession a certain writing, which is set out, and is in form a negotiable instrument, made by himself and payable to Eoach & McGuire, did feloniously forge on the back thereof the endorsement of the name of the firm of John & George Gibson, with intent to defraud.
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William A. Powell was indicted for forgery, and for uttering a forged paper, in the Circuit court of the city of Eichmond. The indictment' charged that Powell, having in his possession a certain writing, which is set out, and is in form a negotiable instrument, made by himself and payable to Eoach & McGuire, did feloniously forge on the back thereof the endorsement of the name of the firm of John & George Gibson, with intent to defraud. But the indictment did not charge that it was to the prejudice of another’s right. There was another count charging him with uttering the forged paper, in all…
1Opinion of the CourtLee, J.
Waiving the question whether the provision in the Code, ch. 181, § 5, p. 681, authorizing amendments in judgments or decrees of a court in certain cases by the judge in vacation after the adjournment of the term, can apply to a case of felony, in which all the proceedings should regularly be had in presence of the accused, or to any criminal case, I am yet of opinion, that no such amendment of the record as that attempted to be made in this case, by *824the action of the judge in vacation, on the 11th of May 1854, is within the scope of that provision. It intended to authorize amendments in…
2Cases cited4 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Ulen v. KittredgeMassachusetts Supreme Judicial Court · 1810
- Orrick v. ColstonSupreme Court of Virginia · 1850
3Cited by22 opinions
- Barnes v. CommonwealthSupreme Court of Virginia · 1895
- Shipman v. FletcherSupreme Court of Virginia · 1895
- Long v. CampbellWest Virginia Supreme Court · 1893
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Quarrier's Adm'r v. Quarrier's HeirsWest Virginia Supreme Court · 1892
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