Commonwealth v. Searle
Supreme Court of Pennsylvania
THE defendant was indictecl at an * Oyer and Terminer holden by the judges of the Supreme Court after the December term, for forging, and for uttering and publishing as true, a counterfeit ten dollar note of the Bank of North America. The indictment contained two counts. The 1st was for forging, and procuring to be forged, the note in question.
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THE defendant was indictecl at an * Oyer and Terminer holden by the judges of the Supreme Court after the December term, for forging, and for uttering and publishing as true, a counterfeit ten dollar note of the Bank of North America. The indictment contained two counts. The 1st was for forging, and procuring to be forged, the note in question. The 2d charged that 44 the said John Searle on the same 44 day and year aforesaid at the county aforesaid, with force “ and arms, having in his custody and possession a certain 44 other false forged and counterfeited paper writing, partly 44 written…
1Opinion of the Court
Tilghman C. J.
delivered the opinion of the court.
The defendant has been indicted and found guilty, of uttering and publishing as true and genuine, a forged note of the Bank of North America, knowing the same to be forged, with intent to defraud Joseph Simmons. A motion has been made in arrest of judgment, because the indictment does not conclude “ against the form of the act of assembly &c„” His counsel contend, that the offence charged in the indictment, is not indictable at common law; and that even if it was, no judgment inflicting the common law punishment can be given, because by the act…
2Cited by15 opinions
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- Lewis v. CommonwealthSupreme Court of Pennsylvania · 1816
- Russell v. CommonwealthSupreme Court of Pennsylvania · 1822
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