People v. Wright
New York Supreme Court
Indictment for forgery. The defendant was indicted for forgery, in September, 1831, and tried at the general sessions in Tompkins. He was convicted and moved in arrest of judgment. The sessions suspended judgment for the purpose of talcing the advice of this court.
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Indictment for forgery. The defendant was indicted for forgery, in September, 1831, and tried at the general sessions in Tompkins. He was convicted and moved in arrest of judgment. The sessions suspended judgment for the purpose of talcing the advice of this court. The indictment contains four counts: in the first it is charged that on the 1st April, 1831, the defendant was lawfully possessed of an indenture of mortgage, executed to him by David Shafer and Jane his wife, which is set forth in Ticec verba; it purports to be a mortgage bearing date the 14th June, 1830, executed by Shafer and…
1Opinion of the Court
By the Court,
Nelson, J.
The prisoner is entitled on the motion in arrest to avail himself of every objection, either in substance or form, which could have been taken on a demurrer to the indictment; and the statute of jeofails or amendments is not applicable to criminal proceedings. 1 Chit. Cr. L. 358, 539, 40. 4 Black. Comm. 375. The first count is obviously framed upon the 33d section of the act against forgery, and I am of opinion that it is defective on various grounds. It in terms charges the prisoner with the forging of two distinct instruments, a mortgage and a receipt; and if the…
2Cited by21 opinions
- People v. StearnsNew York Supreme Court · 1839
- Woodford v. . People of the State of N.Y.New York Court of Appeals · 1875
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1875
- Knopf v. StateIndiana Supreme Court · 1882
- Cagle v. StateCourt of Criminal Appeals of Texas · 1898
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