Commonwealth v. Henry
Massachusetts Supreme Judicial Court
Indictment for forgery, charging the defendant in the first count with making, and in the second with uttering, a promissory note of the tenor following: “ $876. Worcester, Mass., July 9th, 1874. Four months after date, I promise to pay to the order of G. R. Henry, eight hundred and seventy-six dollars, at Central National Bank, Worcester. Value received. J. C. Hill.” Indorsed “ G. R. Henry.”
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Indictment for forgery, charging the defendant in the first count with making, and in the second with uttering, a promissory note of the tenor following: “ $876. Worcester, Mass., July 9th, 1874. Four months after date, I promise to pay to the order of G. R. Henry, eight hundred and seventy-six dollars, at Central National Bank, Worcester. Value received. J. C. Hill.” Indorsed “ G. R. Henry.” At the trial in the Superior Court, before Dewey, J., it appeared, upon the production of the note, that the word “ Athol ” was written in ‘pencil at the extreme bottom of the note, underneath the…
1Opinion of the CourtDevens, J.
Whether the omission of the word “ Athol,” in the description of the note in the indictment, if it had been shown that it was actually upon it when made or uttered, would have been a fatal variance, need not be discussed. St. 1864, c. 250, § 1. Commonwealth v. Wilson, 2 Gray, 70. Commonwealth v. Hall, 97 Mass. 570. As it did not appear when or by whom this word was written in pencil at the extreme bottom of the note, the court could not have assumed that it was written at the time of making or uttering the note, and could not therefore, even if its omission would in such case have been a…
2Cases cited2 opinions
- Commonwealth v. TenneyMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- Bennett v. StateSupreme Court of Arkansas · 1896
- Commonwealth v. PeakesMassachusetts Supreme Judicial Court · 1918
- Commonwealth v. SegeeMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. AnalettoMassachusetts Supreme Judicial Court · 1950
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