Phillips v. State
Supreme Court of Georgia
Forgery, in Bibb Superior Court. Tried before Judge Powers, November Term, 1854. This was an indictment for the forgery of a promissory note for Twenty Dollars, delivered to Henry Tindall by the prisoner, signed with the name of “ H. C. Neith & Son, No. 27, Bay street, Savannah.” The evidence showed that tho prisoner had previously borrowed the sums of Five and Twelve Dollars from Tindall, representing his name to be Neith, and claiming to be one of the said firm of II.
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Forgery, in Bibb Superior Court. Tried before Judge Powers, November Term, 1854. This was an indictment for the forgery of a promissory note for Twenty Dollars, delivered to Henry Tindall by the prisoner, signed with the name of “ H. C. Neith & Son, No. 27, Bay street, Savannah.” The evidence showed that tho prisoner had previously borrowed the sums of Five and Twelve Dollars from Tindall, representing his name to be Neith, and claiming to be one of the said firm of II. C. Neith & Son. The note was given in discharge of these two sums, adding three dollars “ for the use of the money.”…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] There were four requests made of the Court by Coun*461•sel for the prisoner, when the evidence was closed in the case, viz: First, That it was necessary to prove that the note was made by the prisoner.
Second, That it was made by him in a fictitious name, with intent to defraud Tindall, the payee.
Third, That it must appear, from the evidence, that the fictitious name was used by prisoner with a view to perpetrate, the particular fraud alleged to have been committed ; and that if it was committed — that is, if the money was obtained before the…
2Cited by2 opinions
- Mills v. StateSupreme Court of Florida · 1909
- Gibson v. StateSupreme Court of Georgia · 1888