Legal Opinion

The King v. Nahakualii

Hawaii Supreme Court

Decided April 15, 1873PublishedCited by 1 opinion

The prisoner was indicted and found guilty at the last term of this Court, before Hartwell, J., on the charge that he “ did falsely, fraudently, and feloniously forge and counterfeit a certain deed of conveyance of real estate purporting to be made by one Kauahiopelekane to one Kalauawa,” which deed is set forth in the indictment, “ with the intent then and there to deceive Kaai, Keau, Kalaniumi and Kauahiopelekane, the heirs at law of said Kauahiopelekane, and to deceive…

Read the full summary

The prisoner was indicted and found guilty at the last term of this Court, before Hartwell, J., on the charge that he “ did falsely, fraudently, and feloniously forge and counterfeit a certain deed of conveyance of real estate purporting to be made by one Kauahiopelekane to one Kalauawa,” which deed is set forth in the indictment, “ with the intent then and there to deceive Kaai, Keau, Kalaniumi and Kauahiopelekane, the heirs at law of said Kauahiopelekane, and to deceive them in their rights of property.” A motion in arrest of judgment was made on the ground that the indictment is bad in…

1Opinion of the Court

OPINION OP THE COURT BY

HARTWELL, J.

The statute defines forgery as “ the fraudulent making or altering a writing with the intent to deceive another and prejudice him in some right.” The statute declares that “an intent to deceive is essential to forgery, but it is not essential that any should in fact be thereby deceived.” Sects. 1 and 4, Ch. 30, Comp. Penal Code.

Attorney General A. F. Judd for the Grown. E. Preston, contra.

An indictment may be good although the words of the statute are not used, provided apt and sufficient words are used in describing the alleged offence, to show that it…

2Cited by1 opinion

  1. Territory v. HenriquesHawaii Supreme Court · 1912

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API