Legal Opinion

Commonwealth v. Bond

Massachusetts Supreme Judicial Court

Decided May 17, 1905PublishedCited by 12 opinions

Indictment, found and returned in the Superior Court for the county of Suffolk on February 11, 1905, under R. L. c. 209, §§ 1, 8, in two counts, the first for making and forging a certain check for $45, and the second for uttering the same check knowing it to be forged.

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Indictment, found and returned in the Superior Court for the county of Suffolk on February 11, 1905, under R. L. c. 209, §§ 1, 8, in two counts, the first for making and forging a certain check for $45, and the second for uttering the same check knowing it to be forged. At the trial in the Superior Court before DeQourcy, J., the judge, against the defendant’s objection, admitted certain testimony of the officer who arrested the defendant which is referred to in the opinion, and refused to rule that on all the evidence the defendant should be acquitted on both counts of the indictment. He…

1Opinion of the CourtBraley, J.

To constitute the offence charged in the second count of the indictment it was unnecessary to allege and prove that the false check was made by the defendant, or that in his effort to obtain money by passing it he was successful. It is the guilty purpose to defraud by the use of an apparently valid instrument, that is known to the utterer to be forged, which the statute makes punishable, and hence it is not required that the person whom it was sought to deceive should in fact have been misled. Commonwealth v. Ladd, 15 Mass. 526. R. L. c. 209, §§ 1, 3.

If the defendant knew at the time that the…

2Cases cited7 opinions

  1. Commonwealth v. DevaneyMassachusetts Supreme Judicial Court · 1902
  2. Commonwealth v. LaddMassachusetts Supreme Judicial Court · 1819
  3. People v. CatonMichigan Supreme Court · 1872
  4. Commonwealth v. WardMassachusetts Supreme Judicial Court · 1807
  5. The People v. . ClementsNew York Court of Appeals · 1863

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
  2. Commonwealth v. StuartMassachusetts Supreme Judicial Court · 1911
  3. Commonwealth v. SwartzMassachusetts Supreme Judicial Court · 1962
  4. Commonwealth v. SpezzaroMassachusetts Supreme Judicial Court · 1925
  5. Commonwealth v. PeakesMassachusetts Supreme Judicial Court · 1918

7 more not listed; retrieve them via the Exa API.

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