Legal Opinion

State v. Williams

Supreme Court of Vermont

Decided April 15, 1855PublishedCited by 11 opinions

Evidence. New trial. Surprise. Indictment for forgery. The instruments alleged to be forged were two receipts purporting to be signed by Philinda French, one for thirty-five dollars “ to apply on note ” and the other for five dollars “ in full payment on note dated some time in the month of April, 1849, given for the sum of thirty-nine dollars.”

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Evidence. New trial. Surprise. Indictment for forgery. The instruments alleged to be forged were two receipts purporting to be signed by Philinda French, one for thirty-five dollars “ to apply on note ” and the other for five dollars “ in full payment on note dated some time in the month of April, 1849, given for the sum of thirty-nine dollars.” Upon the trial of the respondent at the March Term, 1854,— Poland, J., presiding, — it was proved that the receipts described in the indictment were used upon the trial of a suit brought for the collection of the note referred to. Direct evidence was…

1Opinion of the Court

By the court,

Redfield, Ch. J.

The only ground upon which the testimony, as to the fabricated deposition, could have been received on the trial upon the indictment for forgery, was, that it Avas equivalent to an admission of the falsity of the receipts. It is so regarded even in trials for murder. The introduction of false or fabricated evidence in defense is always regarded as an inferential admission of guilt, although not of a conclusive character. A case is named in the books where one was indicted for the murder of a girl nine years of age, and, to make out his defense, did attempt to…

2Cited by11 opinions

  1. State v. WardSupreme Court of Vermont · 1888
  2. People v. ArnoldMichigan Supreme Court · 1880
  3. Girard Et Ux. v. Vt. Mut. Fire Ins. Co.Supreme Court of Vermont · 1931
  4. MacDonald, B.N.F. v. OrtonSupreme Court of Vermont · 1926
  5. State v. CroninSupreme Court of Connecticut · 1894

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