People v. Kingsley
New York Supreme Court
The defendant was convicted at the last Oyer and Tar miner in Seneca county, of having feloniously forged a bond with intent to defraud one John Sinclair.
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The defendant was convicted at the last Oyer and Tar miner in Seneca county, of having feloniously forged a bond with intent to defraud one John Sinclair. The indictment charged, that the defendant, “ On, &c., at, &c., did falsely and feloniously make, forge and counterfeit, and did then and there willingly and feloniously act and assist in the false making, forging and counterfeiting, of a certain false, forged and counterfeited bond and writing, obli gatory for the payment of money, bearing date on some day to the jurors aforesaid unknown, in a penal sum to the jurors aforesaid unknown,…
1Opinion of the Court
Curia.
The evidence of this crime was most clear ; and the only question is, whether the indictment is sufficiently certain to warrant us in giving judgment. The indictment excuses the want of a more particular description, ]by averring that the bond was. with the defendant. There is no doubt of the general rule, that the instrument forged, must be set. forth with particularity and certainty ; but to require this unqualifiedly, in all cases, without exception, would result in a failure of public justice. We think The Commonwealth v. Houghton, presents the true distinction. “ There are cases,”…
2Cases cited1 opinion
- Commonwealth v. SnellMassachusetts Supreme Judicial Court · 1807
3Cited by10 opinions
- State v. BriggsSupreme Court of Vermont · 1861
- United States v. Wentworth & O'NeilDistrict Court, D. New Hampshire · 1882
- People v. SugarmanNew York Court of Appeals · 1928
- State v. GraySupreme Court of Minnesota · 1882
- Armitage v. StateIndiana Supreme Court · 1859
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