Dowling v. United States
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia convicting him of forgery.. The Court in the opinion stated the facts as follows: , Albert Dowling, appellant, defendant below, was charged in an indictment containing forty-two counts with forging and uttering twenty-one checks belonging to the firm óf Knott & Moler.
Read the full summary
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia convicting him of forgery.. The Court in the opinion stated the facts as follows: , Albert Dowling, appellant, defendant below, was charged in an indictment containing forty-two counts with forging and uttering twenty-one checks belonging to the firm óf Knott & Moler. Defendant had been in the employ of the firm in the city of Washington for a number of years as a salesman and collector. lie was convicted upon two counts of the indictment charging him with forging and uttering a check for…
1Opinion of the CourtJustice Van Orsdel
That the crime of forgery, and not embezzlement, was committed, is foreclosed by the jury’s finding that the indorsement on the check was made by defendant without authority from his employers. “To constitute the crime of forgery three things must exist: ‘There must be a false making of other alteration of some instrument in writing; there must be a fraudulent intent'; and the instrument must be apparently capable of effecting a fraud.’ * * * Intent in forgery will not be presumed from the mere making of a false instrument. It must be gathered from some affirmative act, or from the existence…
2Cases cited2 opinions
- Rea v. MissouriSupreme Court of the United States · 1873
- Houghton v. JonesSupreme Court of the United States · 1863
3Cited by1 opinion
- United States v. BriggsDistrict Court, District of Columbia · 1944