State v. Hudson
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Conviction for uttering a forged instrument. Defendant was tried before Armstrong-, J. Statement of facts prepared by the judge delivering the opinion. This is an appeal by the defendant from a judgment upon a conviction for uttering, publishing, and passing an alleged forged instrument.
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Appeal from Ninth Judicial District, Gallatin County. Conviction for uttering a forged instrument. Defendant was tried before Armstrong-, J. Statement of facts prepared by the judge delivering the opinion. This is an appeal by the defendant from a judgment upon a conviction for uttering, publishing, and passing an alleged forged instrument. The opinion below treats but one of the several points made by appellant, which may be stated as follows : Information was filed in Gallatin county, charging the offense of uttering, publishing, and passing the forged instrument in Gallatin county. The…
1Opinion of the CourtDe Witt, J.
The precise question presented here was thoroughly considered in New York in the case of People v. Rathbun, 21 Wend. 509. Mr. Justice Cowen wrote an exhaustive opinion, both upon the reason of the proposition, and upon the authority of the decided cases. The case is a standard citation in the text-books. (3 Greenleaf on Evidence, § 112; Wharton’s Criminal Law, § 1451; 2 Bishop’s Criminal Procedure, § 428.) In a later case in New York (People v. Adams, 3 Denio, 209; 45 Am. Dec. 468), the opinion of the court, after speaking of the principle decided in 21 Wend., and after citing other cases…
2Cases cited2 opinions
- People v. RathbunNew York Supreme Court · 1839
- People v. AdamsNew York Supreme Court · 1846
3Cited by13 opinions
- State v. CassillMontana Supreme Court · 1924
- Harrell v. StateSupreme Court of Florida · 1920
- State v. SegarSupreme Court of Connecticut · 1921
- State v. EvansMontana Supreme Court · 1895
- State v. PreiteMontana Supreme Court · 1977
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