Legal Opinion

State v. Weaver

Supreme Court of Iowa

Decided November 21, 1910PublishedCited by 8 opinions

Appeal from Hardin District Court. — Hon. C. E. Albrook, Judge. The charge in the indictment was that the defendant “having in his possession a certain false and forged real estate mortgage, and knowing the same to be false and forged, said mortgage being in words and figures following, to wit [here follows the copy of the alleged mortgage], did then and there utter and pass the same as true, with the intent then and there to defraud, contrary to the statute in such case…

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Appeal from Hardin District Court. — Hon. C. E. Albrook, Judge. The charge in the indictment was that the defendant “having in his possession a certain false and forged real estate mortgage, and knowing the same to be false and forged, said mortgage being in words and figures following, to wit [here follows the copy of the alleged mortgage], did then and there utter and pass the same as true, with the intent then and there to defraud, contrary to the statute in such case made and provided, and against the peace and dignity of the state of Iowa.” The defendant pleaded not guilty, and at the…

1Opinion of the CourtMcClain, J.

*405i. Criminal law: uttering forged instrument: evidence of offense. *404The sole question raised on this appeal is as to the sufficiency of the indictment; and the sole objection relied upon is that the indictment failed to state the name of the person to whom the instrument was uttered *405and passed or to state that the name of such person was to the grand iurors unknown, or to otherwise designate the facts constituting the alo o leged uttering. The statute defines the offense as consisting of the uttering and publishing as true any instrument such as is described in the preceding section as an…

2Cases cited29 opinions

  1. People v. . DolanNew York Court of Appeals · 1906
  2. State v. . StantonSupreme Court of North Carolina · 1841
  3. State v. FosterSupreme Court of Kansas · 1883
  4. State v. WaterburySupreme Court of Iowa · 1907
  5. Commonwealth v. ButterickMassachusetts Supreme Judicial Court · 1868

24 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. MeeksSupreme Court of Iowa · 1954
  2. State v. ClarkSupreme Court of Minnesota · 1965
  3. Burns v. StateCourt of Criminal Appeals of Oklahoma · 1941
  4. Read v. United StatesDistrict Court, District of Columbia · 1924
  5. State v. CraigSupreme Court of Iowa · 1960

3 more not listed; retrieve them via the Exa API.

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