Legal Opinion

State v. Stuart

Supreme Court of Iowa

Decided June 9, 1883PublishedCited by 2 opinions

Affeal from Chickasaw District Court. An indictment was presented against the defendant, the changing part of which is as follows: “The said J. A. Stuart, on the twenty-first day of February, 1878, in the county aforesaid, did falsely, feloniously, and fraudulently, make and forge a certain negotiable promissory note, which said false and forged note is as follows: (Here follows an exact copy of a negotiable promissory note for $600, signed by ¥m.

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Affeal from Chickasaw District Court. An indictment was presented against the defendant, the changing part of which is as follows: “The said J. A. Stuart, on the twenty-first day of February, 1878, in the county aforesaid, did falsely, feloniously, and fraudulently, make and forge a certain negotiable promissory note, which said false and forged note is as follows: (Here follows an exact copy of a negotiable promissory note for $600, signed by ¥m. Larrabee and two others); and that defendant did falsely and fraudulently make and forge, as aforesaid, said promissory note then and there, with…

1Opinion of the Court

Dat, Oh. J.

— It is not true that the indictment states a mere legal conclusion, and does not charge the facts. The indictment in substance alleges that the defendant falsely, feloniously and with intent to defraud, made a negotiable promissory note for $600, to which as maker the name of Wm. Larrabee was attached. A copy of the note thus made is set out in full. We do not see how the material facts could have been more fully stated. That the indictment is a good one, see 2 Bishop on Criminal Procedure, § 401; 2 Arch-bold’s Criminal Practice and Pleading, 799.

The court erred in sustaining the…

2Cited by2 opinions

  1. State v. HartSupreme Court of Iowa · 1885
  2. State v. WeaverSupreme Court of Iowa · 1910

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