Commonwealth v. Dunleay
Massachusetts Supreme Judicial Court
Indictment, the first count of which, the other counts being of similar tenor, alleged that the defendant, at Taunton, on March 1, 1889, “ knowingly, falsely, and fraudulently did utter and publish as true a certain false, forged, and counterfeit paper writing, with intent then and there thereby to injure and defraud, he the said” defendant “then and there well knowing the said paper writing to be false, forged, and counterfeit, which false, forged, and counterfeit paper…
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Indictment, the first count of which, the other counts being of similar tenor, alleged that the defendant, at Taunton, on March 1, 1889, “ knowingly, falsely, and fraudulently did utter and publish as true a certain false, forged, and counterfeit paper writing, with intent then and there thereby to injure and defraud, he the said” defendant “then and there well knowing the said paper writing to be false, forged, and counterfeit, which false, forged, and counterfeit paper writing is of the tenor following.” Then followed an application for a policy of life insurance containing numerous…
1Opinion of the CourtLathrop, J.
The paper writing which the defendant is alleged to have uttered and published, knowing the same to be “ false, forged, and counterfeit,” is not one of those enumerated in the Pub. Sts. c. 204, § 1. This statute does not, however, supersede the common law; Commonwealth v. Ayer, 3 Cush. 150; Commonwealth v. Hinds, 101 Mass. 209, 210; and the principal question in the case is whether the indictment sufficiently sets forth a forgery at common law.
In Commonwealth v. Hinds, it was said by this court, “ In order to maintain an indictment for forgery at common law, it must appear not only that there…
2Cases cited4 opinions
- Commonwealth v. HindsMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. McCormackMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. HanleyMassachusetts Supreme Judicial Court · 1876
3Cited by17 opinions
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Goodman v. PeopleIllinois Supreme Court · 1907
- United States v. FarleyUnited States Court of Military Appeals · 1960
- Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1898
- Oliver Ditson Co. v. TestaMassachusetts Supreme Judicial Court · 1913
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