Legal Opinion

State v. Bonney

Supreme Judicial Court of Maine

Decided July 1, 1852PublishedCited by 4 opinions

On Exceptions from the District Court, Rice, J. Indictment for having in possession a counterfeit bank bill, knowing the same to he counterfeit, and intending to pass it, whereby to defraud the bank. The indictment does not purport to set forth the bill according to its tenor, or in its words and figures, but according to its purport and effect. The Judge refused to give instructions to the jury as the defendant had requested, and to that refusal the defendant excepted.

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On Exceptions from the District Court, Rice, J. Indictment for having in possession a counterfeit bank bill, knowing the same to he counterfeit, and intending to pass it, whereby to defraud the bank. The indictment does not purport to set forth the bill according to its tenor, or in its words and figures, but according to its purport and effect. The Judge refused to give instructions to the jury as the defendant had requested, and to that refusal the defendant excepted. He then gave to the jury certain instructions to which also the defendant excepted. The verdict was against the defendant,…

1Opinion of the CourtHoward, J.

In indictments for forgery, the instruments alleged to be forged should be set forth in words and figures, whenever it is practicable. But, if in possession of the prisoner, or if they be lost, or destroyed, or not attainable by the government, and it be so stated in the indictment, this may constitute a sufficient reason for not setting out exact copies. 2 East, P. C. 975, c. 19, § 53, 54; 1 Chit. Cr. Law, 234; 2 Russell on Crimes, 359; Commonwealth v. Houghton, 8 Mass. 107; People v. Kingsley, 2 Cowen, 522. The same principles are applicable to indictments upon statutes, for having in…

2Cases cited2 opinions

  1. Commonwealth v. HoughtonMassachusetts Supreme Judicial Court · 1811
  2. Prescott v. TarbellMassachusetts Supreme Judicial Court · 1804

3Cited by4 opinions

  1. People v. TildenIllinois Supreme Court · 1909
  2. Crossland v. StateSupreme Court of Arkansas · 1906
  3. State v. TalbotSupreme Judicial Court of Maine · 1964
  4. State v. KingSupreme Judicial Court of Maine · 1977

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