People v. Herrick
New York Supreme Court
Elijah S. Herrick was indicted at the Yates general session, for obtaining, by false pretences, the signature of one Nathan N. Herrick to a promissory note, given by the two Herricks tooneBurch,forthesum of $85. The indictment contained three counts: in the first it was alleged that the prisoner pretended to Nathan N. Herrick that he had won a bet of $150, and that that sum and also the further sum of $150, amounting together to $300, were in the hands of one John W. Squire,…
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Elijah S. Herrick was indicted at the Yates general session, for obtaining, by false pretences, the signature of one Nathan N. Herrick to a promissory note, given by the two Herricks tooneBurch,forthesum of $85. The indictment contained three counts: in the first it was alleged that the prisoner pretended to Nathan N. Herrick that he had won a bet of $150, and that that sum and also the further sum of $150, amounting together to $300, were in the hands of one John W. Squire, as holder of the stakes; that Squire was from home, and would not return under three or four days ; that, as soon as…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The point principally relied upon on the argument, was the variance between the indictment and the proof; in other words, that the offence was not proved as laid. The indictment charges that the representation was, that the defendant had $300 deposited with Squier, whereas the proof is, that the defendant said that he had $150 deposited. There is no doubt of the general correctness of the proposition that the facts must be proved substantially as laid. It must be remembered, however, that the object of all specifications in indictments is to apprise the defendant of…
2Cases cited2 opinions
- People v. StoneNew York Supreme Court · 1832
- People v. VaneNew York Supreme Court · 1834
3Cited by26 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Haines v. TerritoryWyoming Supreme Court · 1887
- In re SnyderSupreme Court of Kansas · 1877
- Davis v. StateWisconsin Supreme Court · 1908
- State v. MerryNorth Dakota Supreme Court · 1910
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