Legal Opinion

The People v. . Mann

New York Court of Appeals

Decided December 17, 1878PublishedCited by 23 opinions

■ Error to the General Term of the Supreme Court, in the third judicial department, to review order reversing a judgment of the Court of Oyer and Terminer in and for the county of Washington, entered upon a verdict convicting defendant in error of the crime of forgery in the third degree.

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■ Error to the General Term of the Supreme Court, in the third judicial department, to review order reversing a judgment of the Court of Oyer and Terminer in and for the county of Washington, entered upon a verdict convicting defendant in error of the crime of forgery in the third degree. (Reported below, 15 Hun, 155.) The alleged forgery consisted in the execution by defendant in error of an instrument of which the following is a copy: “No.— Saratoga County Treasurer’s Office, ' Ballston Spa, June 16, 1875. “ In pursuance of a resolution passed November, 1874, by the board of supervisors of…

1Opinion of the CourtRapallo, J.

The statute under which the defendant in error was convicted defines the offence of forgery in the third degree to be, so far as applicable to this case, falsely making or altering, with intent to defraud, any instrument or writing “ being or purporting to be the act of another ” whereby any pecuniary demand shall be or purport to be created, etc.

We cannot adopt the interpretation of this statute claimed by the counsel for the People. He contends that one who without authority makes an instrument purporting in1 its body to be the contract or obligation of a county, though he signs his own…

2Cited by23 opinions

  1. State v. LutesWashington Supreme Court · 1951
  2. Goucher v. StateNebraska Supreme Court · 1925
  3. People v. CunninghamNew York Court of Appeals · 2004
  4. People v. CannarozzoAppellate Division of the Supreme Court of the State of New York · 1978
  5. Fitzgibbons Boiler Co. v. Employers' Liability Assur. Corp.Court of Appeals for the Second Circuit · 1939

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