McClure v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Philadelphia county-:■ Of January Term 1878, No. 28. Indictment of Robert McClure for fraudulently signing and uttering a diploma purporting to be issued by the Veterinary College of Philadelphia.
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Error to the Court of Quarter Sessions of Philadelphia county-:■ Of January Term 1878, No. 28. Indictment of Robert McClure for fraudulently signing and uttering a diploma purporting to be issued by the Veterinary College of Philadelphia. The first count of the indictment charged that the defendant “ unlawfully and- fraudulently did make and sign, and was concerned in making and signing ” said diploma; and the second that he “ unlawfully and fraudulently did utter as true” said instrument. The indictment was found under the 169th sect, of the Act of March 31st 1860, Purd. Dig. 364, pi. 253.…
1Opinion of the CourtChief Justice Agnew
Foreign cases cannot override the express words of a Pennsylvania statute. The 19th sect, of the Criminal Procedure Act of March 31st 1860, 1 Brightly Dig. 379-80, pl. 20, is in these words:—
“It shall be sufficient, in any indictment for forging, uttering, offering, disposing’ of, or putting off, any instrument whatsoever, or for obtaining or attempting to obtain any property, by false pretenses, to allege that the defendant did the act with intent to defraud; without alleging the intent of the defendant to be to defraud any particular person; and on the trial of any of the *356offences in this…
2Cited by6 opinions
- Commonwealth v. SheafferSuperior Court of Pennsylvania · 1941
- Commonwealth v. GreenSuperior Court of Pennsylvania · 1965
- State v. WeaverSupreme Court of Iowa · 1910
- Commonwealth of Pa. v. PowersSuperior Court of Pennsylvania · 1933
- Commonwealth v. ShanklinSuperior Court of Pennsylvania · 1925
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