State v. Weaver
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. C. E. Albrook, Judge. The charge in the indictment was that the defendant “having in his possession a certain false and forged real estate mortgage, and knowing the same to be false and forged, said mortgage being in words and figures following, to wit [here follows the copy of the alleged mortgage], did then and there utter and pass the same as true, with the intent then and there to defraud, contrary to the statute in such case…
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Appeal from Hardin District Court. — Hon. C. E. Albrook, Judge. The charge in the indictment was that the defendant “having in his possession a certain false and forged real estate mortgage, and knowing the same to be false and forged, said mortgage being in words and figures following, to wit [here follows the copy of the alleged mortgage], did then and there utter and pass the same as true, with the intent then and there to defraud, contrary to the statute in such case made and provided, and against the peace and dignity of the state of Iowa.” The defendant pleaded not guilty, and at the…
1DissentDeemer, C. J.
(dissenting.) — This case is now before us for the establishment of a proper rule for criminal pleading. Nothing which we may do with it can in any way affect defendant’s rights or liabilities. The only concern we should have about it is that we now, if we have not already done so, establish a correct rule of pleading. The offense charged is that of uttering a forged instrument, and the statute, with reference thereto, reads as follows: “If any person utter and publish as true any record, process, certificate, deed, will, or any other instrument of writing mentioned in the preceding section,…
2Cases cited24 opinions
- People v. . DolanNew York Court of Appeals · 1906
- State v. CallendineSupreme Court of Iowa · 1859
- State v. WaterburySupreme Court of Iowa · 1907
- Commonwealth v. ButterickMassachusetts Supreme Judicial Court · 1868
- State v. BeasleySupreme Court of Iowa · 1891
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