Sutton v. Commonwealth
Court of Appeals of Kentucky
Case — 50—INDICTMENT APPEAL FROM JEFFERSON CIRCUIT OOURT, CRIMINAL DIVISION There is a variance in the proof of tenor of the uttered forged instrument. The warehouse receipt set out in the indictment was issued by Searcy in the fifth Kentucky district, and the evidence of Mr. Searcy, the distiller, whose signature thereto is alleged to have been forged, says that his distillery and bonded warehouse are in the eighth district. This variance is fatal.
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Case — 50—INDICTMENT APPEAL FROM JEFFERSON CIRCUIT OOURT, CRIMINAL DIVISION There is a variance in the proof of tenor of the uttered forged instrument. The warehouse receipt set out in the indictment was issued by Searcy in the fifth Kentucky district, and the evidence of Mr. Searcy, the distiller, whose signature thereto is alleged to have been forged, says that his distillery and bonded warehouse are in the eighth district. This variance is fatal. (Clark v. Commonwealth, 16 B. Mon., 213; Brown v. People, 66 111., 344; Roberts v. State, 2 Texas App.,4; 1 Bishop’s Crim. Proc., sec. 562;…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION Off THE COURT.
September 23,1893, A. R. Sutton and W. M. Beecher were jointly indicted for the crime of feloniously uttering and publishing as true a warehouse receipt known by them to be forged.
The writing, as described in the indictment, purports to to have been signed by J. S. Searcy, certifying that A. R. Sutton & Co. had in the bonded warehouse of his distillery, No. 120, Fifth District of Kentucky, five barrels of whisky held for their account and subject to their order. *311Which warehouse receipt, as charged, was presented to and received by German Security…
2Cases cited2 opinions
- Commonwealth v. SmithCourt of Appeals of Kentucky · 1874
- Commonwealth v. PritchettCourt of Appeals of Kentucky · 1875
3Cited by26 opinions
- United States v. ThompsonSupreme Court of the United States · 1920
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
- Merriss v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
- Lee v. . LeeSupreme Court of North Carolina · 1921
- Lowery v. CommonwealthCourt of Appeals of Kentucky · 1921
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