Commonwealth v. Hearsey
Massachusetts Supreme Judicial Court
The defendant was indicted for forgery, by altering a word in the condition of a bond from six to eight. He pleaded not guilty. It was alleged in the indictment that the bond was dated the 15th day of October, 1802. The bond produced had the same date in the penal part, and in the usual place ; at the close of the condition to the instrument, immediately above the signature of the obligor, there was written, “ Given under my hand and seal this 25th day of October, 1802.”
1Opinion of the Court
The Court (Strong, Sedgwick, Sewall, and Thacher, justices) ' inclined to think that the indictment was right, and ad- [ * 144 ] mitted the bond in evidence ; * saying that if it was not legally admissible, it might be set right hereafter ; (meaning, it is presumed, that, in case of a conviction, the defendant might move for a new trial for the mistake of the Court.)
The jury found the defendant not guilty.
2Cited by5 opinions
- Carlton v. PeopleIllinois Supreme Court · 1894
- Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1979
- Smith v. StateSupreme Court of Alabama · 1846
- State v. BeaudetSupreme Court of Connecticut · 1886
- Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915