Legal Opinion

State v. Bean

Supreme Court of Vermont

Decided April 15, 1847PublishedCited by 9 opinions

Indictment for forgery. In the first count it was' alleged, that the respondent forged a certain promissory note," purporting to bear ‘ date the twenty-eighth day of April, in the year of our Lord one * thousand eight hdndred arid forty^six, and to have been signed by ‘ one David Harriman and one Samuel Gates, for the payment of ‘twenty-five dollars and sixty cents the first day of January then ‘ next after the date of said note, with the interest, to one Francis f^n-ed…

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Indictment for forgery. In the first count it was' alleged, that the respondent forged a certain promissory note," purporting to bear ‘ date the twenty-eighth day of April, in the year of our Lord one * thousand eight hdndred arid forty^six, and to have been signed by ‘ one David Harriman and one Samuel Gates, for the payment of ‘twenty-five dollars and sixty cents the first day of January then ‘ next after the date of said note, with the interest, to one Francis f^n-ed promissory vy ill soil, or his order, the tenor ot wmeu f note i? as follovyeth, that is to say,--' April the 38 day year…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The only exception now insisted upon is in regard to the variance. -As to the person to whom the note is made payable, it is correctly described in the second count; and if one of the counts in an indictment is correct, it is sufficient.

The difference between Herriman and Harriman is unimportant; it is obviously idem sonans, which makes the names the same in law, ■> — for no man is to be acquitted in consequence of bad spelling, merely, in the indictment, if substantially the same sound is preserved. In many names the “e” is sounded like…

2Cited by9 opinions

  1. The People v. NickolsIllinois Supreme Court · 1945
  2. State v. WittSupreme Court of Kansas · 1885
  3. State v. . CollinsSupreme Court of North Carolina · 1894
  4. Campbell v. StateCourt of Criminal Appeals of Texas · 1895
  5. State v. WheelerSupreme Court of Vermont · 1862

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