State v. Wheeler
Oregon Supreme Court
Multnomah county: L. B. Stearns, Judge. Defendant appeals. A fictitious signature must purport to be the signature of some other person than the one writing it, to constitute forgery. (State v. Young, 46 N. H. 267, 88 Am. Dec. 212; Com. v. Foster, 114 Mass. 319, 19 Am.
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Multnomah county: L. B. Stearns, Judge. Defendant appeals. A fictitious signature must purport to be the signature of some other person than the one writing it, to constitute forgery. (State v. Young, 46 N. H. 267, 88 Am. Dec. 212; Com. v. Foster, 114 Mass. 319, 19 Am. Rep. 353; Com. v. Costello, 120 Mass. 370.) What is the test of forgery in cases where documents have been falsely signed? It is s Did the signature deceive? (Com. v. Baldwin, 11 Gray, 199.) It must appear that the fictitious name was assumed for the particular purpose of fraud. (8 Eng. and Am. Ency. Law, pp. 470, 471; Queen v.…
1Opinion of the CourtBean, J.
— The defendant was indicted, tried and convicted of the crime of forgery, from which judgment he appeals. The indictment charges that on June 28, 1890, the defendant made, and forged a promissory note for *194185.50, payable to John P. Fidock, or order, due thirty days after date, by then and there signing the name of John' Williams to said note, with an intent to defraud and injure J. T. Milner.
At the trial in the court below, after the evidence for the state was closed, defendant’s counsel moved the court that the jury be instructed to render a verdict of not guilty upon the ground that…
2Cases cited5 opinions
- Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1876
- People v. . BrownNew York Court of Appeals · 1878
- Luttrell v. StateTennessee Supreme Court · 1886
- State v. HahnSupreme Court of Louisiana · 1886
- State v. WooderdSupreme Court of Iowa · 1866
3Cited by23 opinions
- Milton v. United StatesCourt of Appeals for the D.C. Circuit · 1940
- Vizcarra-Ayala v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
- Francisco Jose Morales-Alegria v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
- Lyman v. StateCourt of Appeals of Maryland · 1920
- Benson v. GladdenOregon Supreme Court · 1965
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