United States v. Bates
U.S. Circuit Court for the District of District of Columbia
Indictment under the Act of Assembly of Maryland 1799, c. 75, § 2, for forging a draft upon Grustavus Higden, with intent to defraud him. Higden was offered as a witness on the part of the United States. He had paid the order.1 cited Peake,'L. E. 96, 97. But the Couet, (Thruston, J., absent,-) permitted the witness te.be sworn and examined. “Verdict, guilty. Motion in arrest of judgment, because, it is not averred in the indictment that Arnol had a right to draw. 2 East, Cr.
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Indictment under the Act of Assembly of Maryland 1799, c. 75, § 2, for forging a draft upon Grustavus Higden, with intent to defraud him. Higden was offered as a witness on the part of the United States. He had paid the order.1 cited Peake,'L. E. 96, 97. But the Couet, (Thruston, J., absent,-) permitted the witness te.be sworn and examined. “Verdict, guilty. Motion in arrest of judgment, because, it is not averred in the indictment that Arnol had a right to draw. 2 East, Cr. Law, 936; Mitchell’s case, anno 1754, upon the Act of 7 Geo. 2, c. 22 ; the words of which are like those,of the Act of…
1Opinion of the Court
*2The Court
(Fitzhugh, J., absent, but concurring,)
was of opinion that the word “ draught,” in the Act of Assembly of Maryland, which was not in the English statute, made a difference.; and that a draft might be made by a person who had no right to draw.
The sentence of the Court was twenty stripes.
Cranch, C. J.,
said that it was the first case under this Act of Assembly which had come' before the Court; and perhaps there was some ground to doubt whether the case was strictly within it, as explained by the English authorities. For these reasons, the Court inflicted a lighter punishment than they…
2Cited by5 opinions
- Anzine v. United StatesCourt of Appeals for the Ninth Circuit · 1919
- Corp v. VermilyeNew York Supreme Court · 1808
- Palmer v. GallupSupreme Court of Connecticut · 1844
- North River Steam Boat Co. v. HoffmanNew York Court of Chancery · 1821
- United States v. BrownU.S. Circuit Court for the District of District of Columbia · 1827