People v. Phillips
California Supreme Court
Appeal from a judgment of the Superior Court of Napa County, and from an order refusing a new trial. The defendant was convicted of forgery, in uttering and passing to W. A. Elgin a certain promissory note as a true and genuine note of one C. H. Pitch, with intent to defraud Elgin, defendant knowing the note to be forged. The evidence showed that the defendant was indebted to one Liddell in the sum of $55.50, for which he gave his check on the Nevada Bank.
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Appeal from a judgment of the Superior Court of Napa County, and from an order refusing a new trial. The defendant was convicted of forgery, in uttering and passing to W. A. Elgin a certain promissory note as a true and genuine note of one C. H. Pitch, with intent to defraud Elgin, defendant knowing the note to be forged. The evidence showed that the defendant was indebted to one Liddell in the sum of $55.50, for which he gave his check on the Nevada Bank. Liddell indorsed the check to Elgin, and sent it to him for collection. Elgin, having discovered that the defendant had no money in the…
1Opinion of the CourtMcKinstry, J.
The court below charged the jury as follows:—
“The defendant is not charged in the information with the forgery of the mortgage. That has been introduced in evidence here for the purpose of showing the intent; showing the intent that the party had in forging (if you find that he did forge), and in passing this promissory note; showing the intent of the passing or the attempt to pass to Elgin for the purpose of prejudicing, damaging, or defrauding him. He is not charged here, I say, with the forgery of that mortgage, and if you find that he did so, still you do not pass upon it in this case as…
2Cases cited3 opinions
- Butler v. StateSupreme Court of Alabama · 1853
- People v. MonahanCalifornia Supreme Court · 1881
- United States v. MasonU.S. Circuit Court for the District of Southern New York · 1875
3Cited by21 opinions
- Jones v. StateSupreme Court of Georgia · 1908
- Pye v. StateCourt of Criminal Appeals of Texas · 1912
- People v. PutmanCalifornia Supreme Court · 1900
- Rieger v. United StatesCourt of Appeals for the Eighth Circuit · 1901
- State v. BelknapWashington Supreme Court · 1906
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