Commonwealth v. Smith
Supreme Court of Pennsylvania
ANSON SMITH, was tried before Duncan., T. at Nisi „ . . ... , Prtus, on an indictment which contained two counts. ; The first, charged him with forging a bank note of the Merchants' Bank¡ in the city of New Tork, for five dollars. The second, charged him with uttering and publishing the same, knowing it to be forged, with intent to defraud one Thomas Entrikin.
Read the full summary
ANSON SMITH, was tried before Duncan., T. at Nisi „ . . ... , Prtus, on an indictment which contained two counts. ; The first, charged him with forging a bank note of the Merchants' Bank¡ in the city of New Tork, for five dollars. The second, charged him with uttering and publishing the same, knowing it to be forged, with intent to defraud one Thomas Entrikin. In this count the offence was set out thus: That he did unlawfully utter and publish, as and for true and genuine, a certain false, forged, and counterfeited paper, partly written and partly printed, in the' form and similitude of a…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan, J.
The prisoner was tried before me at Nisi Prius, and acquitted on the first count, and found guilty on the second; and he now prays for a new trial—
1st. For that there was no legal evidence of the existence of such bank.
2d. That there was not any legal evidence that the note was a forged one.
3d. That there was not sufficient evidence that the note produced on the trial, was the note uttered and passed by the prisoner to Thomas Entrikin.
Had this bank been stated to have been a chartered bank, or had the second count laid the act as done with an…
2Cases cited1 opinion
- Titford v. KnottNew York Supreme Court · 1801
3Cited by4 opinions
- People v. StearnsNew York Supreme Court · 1839
- Corbett v. StateSupreme Court of Alabama · 1858
- Callan v. GaylordSupreme Court of Pennsylvania · 1834
- Commonwealth v. CareyMassachusetts Supreme Judicial Court · 1823