State v. Mitten
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. 'J. A. Mitten was convicted of forgery, and from a judgment of conviction and an order denying him a new trial, he appeals The information charges two offenses under the statute: the offense of making, forging and counterfeiting the papers set out therein and the offense of uttering and publishing the same.
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Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. 'J. A. Mitten was convicted of forgery, and from a judgment of conviction and an order denying him a new trial, he appeals The information charges two offenses under the statute: the offense of making, forging and counterfeiting the papers set out therein and the offense of uttering and publishing the same. The act of forging and counterfeiting a writing with the intent to defraud is joined with that of uttering and publishing the same as true and genuine in one count. This is bad for duplicity in pleading. (People v.…
1Opinion of the CourtJustice Holloway
J. A. Mitten was convicted of the crime of forgery, and appeals from the judgment and an order denying him a new trial.
*380The charging part of the information is as follows:
“ J. A. Mitten on or about the 25th day of August, A. D. 1906, at the county of Gallatin, state of Montana, did, then and there, falsely, unlawfully and feloniously make, forge and counterfeit a writing on paper purporting to be a promissory note and writing obligatory for money, of the tenor following:
“ ‘Bozeman, Aug. 20th, 1906.
“ ‘On or before October 1st, 1906, we jointly and severally promise to pay to the Superior School…
2Cases cited5 opinions
- Bittings v. StateIndiana Supreme Court · 1877
- State v. RiebeSupreme Court of Minnesota · 1880
- State v. FisherSupreme Court of Missouri · 1874
- State v. KnippaTexas Supreme Court · 1867
- Kahn v. StateIndiana Supreme Court · 1877
3Cited by14 opinions
- State v. JonesMontana Supreme Court · 1914
- State v. BrooksMontana Supreme Court · 1967
- Hoffer v. CrawfordNorth Dakota Supreme Court · 1954
- State v. McGowanMontana Supreme Court · 1908
- State v. MittonMontana Supreme Court · 1908
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