People v. Krummer
Superior Court of Buffalo
Demurrer to plea of former acquittal. The prisoner had been indicted in this court, and charged, first, with having forged an instrument in writing not directed to any person, which instrument was in these words: “I have bought of Earnhardt Krummer two frocks for $7. Ask your employers for the money, and let him have it. “ Mbs. Williams.” And, secondly, with having uttered such forged instrument as true, with intent to defraud Samuel Williams. He was tried and acquitted.
Read the full summary
Demurrer to plea of former acquittal. The prisoner had been indicted in this court, and charged, first, with having forged an instrument in writing not directed to any person, which instrument was in these words: “I have bought of Earnhardt Krummer two frocks for $7. Ask your employers for the money, and let him have it. “ Mbs. Williams.” And, secondly, with having uttered such forged instrument as true, with intent to defraud Samuel Williams. He was tried and acquitted. He was afterwards indicted for having by false pretences, of which the representation of this instrument as true was the…
1Opinion of the Court
By the Court,
Clinton, J.
The law distinguishes, defines, and names different offences. One definition cannot comprise two distinct offences. The uttering of forged paper for value, and with a felonious intention to defraud, cannot be the felonious obtaining of money or property by a false token or pretence. It may well be that the prisoner was acquitted upon the ground of a variance between the indictment and proof, or upon an exception to the form or substance of the indictment ; and, if so, he may be indicted anew for the same offence, for nothing but an acquittal upon the merits and the…
2Cited by7 opinions
- People v. JamesCalifornia Supreme Court · 1895
- State v. GulletteSupreme Court of Missouri · 1894
- Brewer v. StateCourt of Criminal Appeals of Texas · 1893
- People v. DeweyNew York Supreme Court · 1890
- Faris v. PeckThe Superior Court of New York City · 1870
2 more not listed; retrieve them via the Exa API.