Commonwealth v. Morse
Massachusetts Supreme Judicial Court
The defendant was indicted, tried, and convicted, at the last April term, before Sedgwick, J. The chargejn the indictment was, 11 that the said Morse, at, &c., on, &c., with force and arms, fraudulently and deceitfully, had, held, and kept in his possession, six quires of noper, which was a material devised, adapted, and designed, by him for forging and making false and counterfeit notes, in imitation of those issued by banks and banking companies established withir some one…
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The defendant was indicted, tried, and convicted, at the last April term, before Sedgwick, J. The chargejn the indictment was, 11 that the said Morse, at, &c., on, &c., with force and arms, fraudulently and deceitfully, had, held, and kept in his possession, six quires of noper, which was a material devised, adapted, and designed, by him for forging and making false and counterfeit notes, in imitation of those issued by banks and banking companies established withir some one of the United States of America, by the laws [ * 129 ] of the said states, under * the federal constitution, and by…
1Opinion of the Court
Parker, J.,
was very clear that the construction made by the defendant’s counsel was not to be avoided. If no criminal intent is alleged and proved, there can be no judgment rendered under the statute.
Sedgwick, J.,
after stating the charge in the indictment, and
noticing that the defendant was convicted on very satisfactory evidence, proceeded as follows: —
I observe, in the first place, that none of the statutes of jeofails extend to indictments ; and therefore a defective indictment is not cured by a verdict, (a) If, then, this indictment be materially defective, the judgment must be arrested.…
2Cases cited1 opinion
- Brown v. CommonwealthMassachusetts Supreme Judicial Court · 1811
3Cited by10 opinions
- Doss v. StateAlabama Court of Appeals · 1929
- State v. StedmanSupreme Court of Alabama · 1838
- Tennessee Coal, Iron & Ry. Co. v. RoussellSupreme Court of Alabama · 1908
- Pelts v. StateIndiana Supreme Court · 1832
- State v. NicholsSupreme Court of Connecticut · 1831
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