Legal Opinion

Phelps v. . People

New York Court of Appeals

Decided February 5, 1878PublishedCited by 10 opinions

Error to the General Term of the Supreme Court, in the third judicial department, to review judgment of the General Term of the Supreme Court iu the third judicial department, affirming judgment of the Court of Oyer and Terminer of the county of Albany, entered upon a verdict convicting the plaintiff in error of the crime of forgery in the third degree. (Reported below, 6 Hun, 428.) The facts appear sufficiently in the opinion.

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Error to the General Term of the Supreme Court, in the third judicial department, to review judgment of the General Term of the Supreme Court iu the third judicial department, affirming judgment of the Court of Oyer and Terminer of the county of Albany, entered upon a verdict convicting the plaintiff in error of the crime of forgery in the third degree. (Reported below, 6 Hun, 428.) The facts appear sufficiently in the opinion. In an indictment for forgery, the instrument alleged to be forged should be set forth in words and figures, or some sufficient reason alleged why it is not. (2 East P.…

1Opinion of the CourtRapallo, J.

The plaintiff in error was convicted of forgery in the third degree, for having made a false entry in a book of accounts kept in the office of the State Treasurer, whereby, in an account in such book between the Treasurer and the Mechanics and Farmers’ Bank of Albany, the latter was debited with a deposit or transfer of the sum of $200,000.

The plaintiff in error was a clerk in the office of the Treasurer, having the title of cashier. His duties were to receive moneys and securities belonging to the State, which came to the hands of the Treasurer, and to deposit them in bank ; to keep the…

2Cases cited2 opinions

  1. Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
  2. Wood v. . People of the State of N.Y.New York Court of Appeals · 1874

3Cited by10 opinions

  1. People v. WerblowNew York Court of Appeals · 1925
  2. The People v. . WillettNew York Court of Appeals · 1886
  3. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1924
  4. People Ex Rel. Isaacson v. . FallonNew York Court of Appeals · 1911
  5. People v. HegemanNew York Supreme Court · 1907

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