Legal Opinion

People v. Tomlinson

California Supreme Court

Decided July 1, 1868PublishedCited by 38 opinions

Appeal from the County Court of Humboldt County. The following is a copy of the indictment in this case: “The above named defendant, Fenton Tomlinson, is accused by the Grand Jury of the County of Humboldt, by this indictment, of the crime of forgery and counterfeiting, the same being a felony committed as follows: The said Fenton Tomlinson, in a certain action depending in the District Court of the Eighth Judicial District, for Humboldt County aforesaid, wherein the said…

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Appeal from the County Court of Humboldt County. The following is a copy of the indictment in this case: “The above named defendant, Fenton Tomlinson, is accused by the Grand Jury of the County of Humboldt, by this indictment, of the crime of forgery and counterfeiting, the same being a felony committed as follows: The said Fenton Tomlinson, in a certain action depending in the District Court of the Eighth Judicial District, for Humboldt County aforesaid, wherein the said Fenton Tomlinson was plaintiff, and Jerry Inman and Archibald Campbell were defendants, at the said County of Humboldt, on…

1Opinion of the Court

By the Court, Sanderson, J.:

The defendant was indicted under the statute against forgeries, for “ uttering, publishing, passing, or attempting to pass,” a certain forged instrument in writing, with intent to defraud Jerry Inman and Archibald Campbell. The instrument is set out in the indictment, and denominated a contract. The defendant demurred to the indictment upon the grounds, first, that it does not state facts sufficient to constitute the crime charged, for the reason that upon its face the instrument is null and void in law, and no extrinsic facts by which it can be made operative and…

2Cases cited7 opinions

  1. People v. FrankCalifornia Supreme Court · 1865
  2. Hallock v. JaudinCalifornia Supreme Court · 1867
  3. People v. HarrisonNew York Supreme Court · 1850
  4. State v. BriggsSupreme Court of Vermont · 1861
  5. People v. Ah WooCalifornia Supreme Court · 1865

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

3Cited by38 opinions

  1. In Re BellCalifornia Supreme Court · 1942
  2. People v. O'BrienCalifornia Supreme Court · 1900
  3. People v. RuizCalifornia Court of Appeal · 1951
  4. People v. RussellCalifornia Supreme Court · 1909
  5. McCoy v. BriantCalifornia Supreme Court · 1878

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

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