Legal Opinion

State v. Cole

Wisconsin Supreme Court

Decided January 15, 1865PublishedCited by 5 opinions

CERTIFIED from the Circuit Court for Winnebago County. Indictment for uttering and passing “ in payment to one George Eastman, as true, a certain false, forged and counterfeit bill, purporting to have been issued by a corporation duly authorized for that purpose by the laws of the state of Ver* mont, * * * that is to say, by the Bank of Rutland (the said Bank of Rutland being duly authorized by the laws of the state of Yermont aforesaid for the purpose of issuing bank bills)…

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CERTIFIED from the Circuit Court for Winnebago County. Indictment for uttering and passing “ in payment to one George Eastman, as true, a certain false, forged and counterfeit bill, purporting to have been issued by a corporation duly authorized for that purpose by the laws of the state of Ver* mont, * * * that is to say, by the Bank of Rutland (the said Bank of Rutland being duly authorized by the laws of the state of Yermont aforesaid for the purpose of issuing bank bills) * * Here follow the scienter clause, a copy of the bill, &c. Defendant moved to quash the indictment, (1.) Because it…

1Opinion of the Court

By the Court,

Cole, J.

For the purpose of showing the defendant’s guilty knowledge, witnesses were introduced on the part of the state to. prove that he had passed other counterfeit bills of the same denomination and on the same bank as the counterfeit bill laid in the indictment. This evidence was objected to, on the ground that the bills about which the witnessés were interrogated were not produced in court. And it is insisted that, in order to render this testimony in regard to passing other bills admissible, those bills should have been produced in court, if within the reach of the…

2Cited by5 opinions

  1. People v. . DolanNew York Court of Appeals · 1906
  2. Baker v. StateWisconsin Supreme Court · 1903
  3. State v. SaundersSupreme Court of Iowa · 1886
  4. Davis v. StateWisconsin Supreme Court · 1875
  5. Hack v. StateWisconsin Supreme Court · 1910

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