State v. Shurtliff
Supreme Judicial Court of Maine
This was an indictment for the forgery of a deed, conveying certain land to Shurtliff. At the trial before Weston C. J., Thomas Buker, whose deed was alleged to have been forged, was offered as a witness by the government. He was objected to as incompetent by the counsel for the defendant, but the objection was overruled.
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This was an indictment for the forgery of a deed, conveying certain land to Shurtliff. At the trial before Weston C. J., Thomas Buker, whose deed was alleged to have been forged, was offered as a witness by the government. He was objected to as incompetent by the counsel for the defendant, but the objection was overruled. The Attorney General proposed to prove by the witness, that the defendant had prepared and brought to Buker a deed other than that which was alleged to have been forged, and which after having been read by him went back to the hands of Shurtliff. It was objected by his…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
It was the law of Massachusetts, prior to the separation of Maine, and has continued to be the law of both states since, that the party, whose name is alleged to have been forged, is a competent witness upon the trial, under an indictment for the forgery. Commonwealth v. Snell, 3 Mass. R. 82.
The party attempted to be defrauded, was permitted to testify that the defendant, at a prior period, brought to him the draft of a deed, which he, the witness, read, and that it was not the deed set forth in the indictment, which he afterwards signed.…
2Cases cited1 opinion
- Commonwealth v. SnellMassachusetts Supreme Judicial Court · 1807
3Cited by18 opinions
- Moskal v. United StatesSupreme Court of the United States · 1990
- Marden v. . DorthyNew York Court of Appeals · 1899
- United States v. Alex G. MerklingerCourt of Appeals for the Sixth Circuit · 1994
- Hoffer v. CrawfordNorth Dakota Supreme Court · 1954
- People v. NessethCalifornia Court of Appeal · 1954
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