Legal Opinion

State v. Williams

Court of Appeals of South Carolina

Decided January 15, 1846PublishedCited by 5 opinions

Before O’Neall, J. at Charleston, Spring Term, 1845. This was an indictment for forgery. The first count was for forging a ten dollar bill of the Bank of the State of South Carolina ; the second for uttering and publishing a forged ten dollar bill of the same Bank, knowing it to be forged. The bill was a genuine one ¿ollar bill, raised to ten dollars, of the Bank of the State of South Carolina, signed by the officers of the Branch Bank at Camden.

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Before O’Neall, J. at Charleston, Spring Term, 1845. This was an indictment for forgery. The first count was for forging a ten dollar bill of the Bank of the State of South Carolina ; the second for uttering and publishing a forged ten dollar bill of the same Bank, knowing it to be forged. The bill was a genuine one ¿ollar bill, raised to ten dollars, of the Bank of the State of South Carolina, signed by the officers of the Branch Bank at Camden. The prisoner about dusk offered the bill to one Borner for the purpose of having it changed. Borner said to the prisoner, that a friend had, a day…

1Opinion of the Court

Curia, per O’Neall, J.

The ground of appeal is based altogether upon the cases of the King vs. Smith, 12 Eng. C. L. R. 295, and the King vs. Westwood, 19 Eng. C. L. R. 520. Both of these decisions were at nisi prius. In the first, Baron Vaughan held that a bank note, the subject of another prosecution, could not, on an indictment for forgery, in uttering and publishing another forged bank note, be given in evidence to shew the guilty knowledge. Why such a distinction should be made, I am at a loss to perceive. Previous to that case the rule had been uniform that, to shew the knowledge that the…

2Cited by5 opinions

  1. State v. HamiltonCourt of Appeals of South Carolina · 1997
  2. State v. CheathamCourt of Appeals of South Carolina · 2002
  3. State v. VarnerSupreme Court of South Carolina · 1992
  4. State v. JamesCourt of Appeals of South Carolina · 2001
  5. State v. JamesCourt of Appeals of South Carolina · 2001

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