People v. Badgley
New York Supreme Court
The defendant was indicted for forgery. The indictment contains six counts; in the first of which it is stated that he made and forged a promissory note described as follows: “ which said false, forged and counterfeited negotiable promissory note is to the purport following, that is to say—* Ninety days after date, I promise to pay to Anthony G. Badgley or order, fourteen hundred and twenty-eight dollars value received.
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The defendant was indicted for forgery. The indictment contains six counts; in the first of which it is stated that he made and forged a promissory note described as follows: “ which said false, forged and counterfeited negotiable promissory note is to the purport following, that is to say—* Ninety days after date, I promise to pay to Anthony G. Badgley or order, fourteen hundred and twenty-eight dollars value received. May, 1833—Daniel Clark, (endorsed) Anthony G. Badgley’ ”—adding “ a more particular description whereof is now here to the jurors unknown, said note being destroyedand…
1Opinion of the Court
By the Court, Nelson, C. J.
The note having been destroyed by the defendant, so that neither the original or a copy could be produced before the grand jury, an exact description of it in the indictment is not to be expected or required. Unless this was so, a conviction in most cases, would be impossible, where the forged instrument was lost or destroyed. Where the description cannot be given either literally or in substance, the reason for the omission must be stated, and then such an account of it as shall fairly apprise the prisoner of the particular offence charged, is all that can be…
2Cases cited1 opinion
- People v. HennesseyNew York Supreme Court · 1836
3Cited by50 opinions
- The People v. . JaehneNew York Court of Appeals · 1886
- Forte v. United StatesCourt of Appeals for the D.C. Circuit · 1937
- State v. PattersonSupreme Court of Missouri · 1881
- People v. . RoachNew York Court of Appeals · 1915
- People v. JonesCalifornia Supreme Court · 1898
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