Smith v. Commonwealth

Oras Carlyle Smith, the plaintiff in error, was indicted for “unlawfully and feloniously” having “in his possession” “a check-writing machine, with intent to use and cause and permit” it “to be used in forging and false making of checks to the prejudice of another’s right,” in violation of Code, sec. 4488. Upon a plea of not guilty he was convicted by a jury and his punishment fixed at two years in the penitentiary. To review the judgment entered on the verdict the present writ has been allowed.

On Saturday afternoon, October 23, 1948, Smith telephoned A. M. Rubinstein, at the latter’s home in…