State v. Wheeler
Supreme Court of Minnesota
The defendant was arraigned in the district court for Nicollet county upon an indictment charging that, at a time and place therein mentioned, he “ did falsely make, forge, alter and counterfeit a certain false, forged, altered and counterfeited accountable receipt for personal property, to-wit: an elevator ticket for wheat; which false, forged, altered and counterfeited accountable receipt for personal property, to-wit: an elevator ticket for wheat, is of the tenor…
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The defendant was arraigned in the district court for Nicollet county upon an indictment charging that, at a time and place therein mentioned, he “ did falsely make, forge, alter and counterfeit a certain false, forged, altered and counterfeited accountable receipt for personal property, to-wit: an elevator ticket for wheat; which false, forged, altered and counterfeited accountable receipt for personal property, to-wit: an elevator ticket for wheat, is of the tenor following, that is to say with intent thereby then and there to injure and defraud, contrary to the form of the statute, &c.” To…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
As an instrument, to be the subject of an indictment for forgery, must either appear on its face to be, or be in fact, one which, if true, would possess some legal validity; (2 Bish. Cr. L., sec. 503,) so; if it do not so appear on the face of the instrument set out in the indictment, facts must be averred, which will enable the court to see, that, if it were genuine, it would possess such validity. 2 Bish. Cr. L. sec. 512, 513; People vs. Shall, 9 Cowen, 778; People vs. Harrison, 8 Barb. 560; Com. vs. Ray, 3 Gray, 441; 2 Russell on Crimes, 374; Rex vs. Wilcox, Russ…
2Cases cited2 opinions
- People v. StearnsNew York Supreme Court · 1839
- People v. HarrisonNew York Supreme Court · 1850
3Cited by7 opinions
- Fuller v. StateSupreme Court of Alabama · 1952
- Rembert v. StateSupreme Court of Alabama · 1875
- State v. EvansMontana Supreme Court · 1895
- Womble v. StateCourt of Criminal Appeals of Texas · 1898
- Chappel v. StateCourt of Criminal Appeals of Texas · 1910
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