Legal Opinion

People v. Tollefson

Michigan Supreme Court

Decided July 24, 1906No. Docket No. 102PublishedCited by 1 opinion

Error to Ottawa; Padgham, J. Wiley H. Tollefson was convicted of forgery, and sentenced to imprisonment for not less than five years in the branch of the State prison at Marquette. Respondent was convicted of the forgery of a check for $15, dated Detroit, Mich., May 31, 1904, upon the People’s Savings Bgnk of Detroit, purported to be drawn by “C. E. Farnsworth & Co., C. E. F.,” and indorsed, “ W. H. Tollefson.”

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Error to Ottawa; Padgham, J. Wiley H. Tollefson was convicted of forgery, and sentenced to imprisonment for not less than five years in the branch of the State prison at Marquette. Respondent was convicted of the forgery of a check for $15, dated Detroit, Mich., May 31, 1904, upon the People’s Savings Bgnk of Detroit, purported to be drawn by “C. E. Farnsworth & Co., C. E. F.,” and indorsed, “ W. H. Tollefson.” Respondent introduced no testimony in his own behalf, and the case was submitted to the jury upon the people’s evidence. The evidence showed that the respondent presented this check to…

1Opinion of the CourtGrant, J.

(after stating the facts). 1. It is urged that it was error to admit the check in evidence before the people had proved the forgery. The order of proof is in the discretion of the circuit judge. There was no abuse of discretion, and it is impossible to find that the admission of the check at the time was prejudicial to the respondent.

%. It was not error to admit proof of nonpayment and protest. While of itself it was not evidence of forgery, it was competent to show as one of the circumstances of the transaction that the check was presented, and not paid.

3. The people introduced evidence of a…

2Cases cited1 opinion

  1. Brohl v. LingemanMichigan Supreme Court · 1879

3Cited by1 opinion

  1. People v. WalkerCalifornia Court of Appeal · 1911

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