Legal Opinion

State v. Wells

Wisconsin Supreme Court

Decided April 3, 1928PublishedCited by 1 opinion

1Opinion of the CourtOwen, J.

An intention to defraud is an essential element of the crime of forgery. It must be proved. Wharton, Crim. Law, sec. 653; 26 Corp. Jur. 903; 12 Ruling Case Law, 142; note in 22 Am. Dec. 306; note in 23 Am. St. Rep. 123. “The principal criminal element in forgery consists in the fraudulent purpose, and the proofs of fraud must be substantially the same in criminal and civil cases. It can only be made clear by a full understanding of the entire surroundings of the transaction.” People v. Kemp, 76 Mich. 410 (43 N. W. 439); at p. 417, quoting from People v. Marion, 29 Mich. 31, at p. 37. In…

2Cases cited3 opinions

  1. People v. MarionMichigan Supreme Court · 1874
  2. People v. KempMichigan Supreme Court · 1889
  3. People v. DaneMichigan Supreme Court · 1890

3Cited by1 opinion

  1. State v. DavisCourt of Appeals of Wisconsin · 1981

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