Commonwealth v. Hayward
Massachusetts Supreme Judicial Court
The indictment alleged that the defendant, with force and arms, at, &c., on, &c., had in his custody and possession a certain bank bill or promissory note, payable to the bearer, signed in behalf of the president, directors, and company, of the Hallowell, and Augusta Bank, by law licensed and authorized as a bank within this commonwealth, and having the said bill so as aforesaid in his possession and custody, with force and arms tore or cut out a piece of the said bill, and…
Read the full summary
The indictment alleged that the defendant, with force and arms, at, &c., on, &c., had in his custody and possession a certain bank bill or promissory note, payable to the bearer, signed in behalf of the president, directors, and company, of the Hallowell, and Augusta Bank, by law licensed and authorized as a bank within this commonwealth, and having the said bill so as aforesaid in his possession and custody, with force and arms tore or cut out a piece of the said bill, and thereby altered the same ; — with intent, with said bill so altered, and with the piece so cut or torn out of the same…
1Opinion of the Court
By the Court.
This is a non-descript offence. It is not within *44the provision of the law against altering bills, which means such an alteration as will increase the apparent value of the bill. If there is danger of the growth of this practice, the legislature will provide a statute to meet the evil. If the defendant had completed what maybe presumed to have been his intent, and had made an eighth bill, perhaps this would have been forgery.
Judgment arrested, (a)
* The Attorney-General then moved the Court that the defendant should be held to recognize for his appearance to answer to a new…
2Cases cited1 opinion
- Smith v. BrownNew York Supreme Court · 1828
3Cited by1 opinion
- Martin v. CollesterSupreme Court of New Hampshire · 1859