People v. Ward
New York Supreme Court
The prisoner was indicted for an attempt to obtain money from the Farmers’ Bank at Troy, by color of aforged letter purporting to be signed-by one S. S. Shepard, in which was enclosed a certificate of deposit of the Bank of Monroe for $ 1200. The guilt of the prisoner was established on the trial by proof of his confession, made to a magistrate, who told him previous to its being made that it would be better for him to make a full confession; which he accordingly made and…
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The prisoner was indicted for an attempt to obtain money from the Farmers’ Bank at Troy, by color of aforged letter purporting to be signed-by one S. S. Shepard, in which was enclosed a certificate of deposit of the Bank of Monroe for $ 1200. The guilt of the prisoner was established on the trial by proof of his confession, made to a magistrate, who told him previous to its being made that it would be better for him to make a full confession; which he accordingly made and subsequently repeated in the hearing of the magistrate and another person. It also appeared, that before the trial for…
1Opinion of the Court
By the Court,
Nelson, J.
The indictment is sufficient to charge the prisoner with the offence of an attempt, by “ color of a false token or writing,” fraudulently to obtain money from the Farmers’ Bank, within the provisions of the statute, 2 R. S. 677, § 53; 698, §3. The previous indictment and acquittal for the alleged forgery of the certificate of deposit is no bar *232to this indictment. The two offences were distinct; the counterfe¡t ]etter and use made of it, did not constitute a material ingredient in the crime of forgery. That depended upon the alteration of the certificate with the intent…
2Cited by9 opinions
- Bram v. United StatesSupreme Court of the United States · 1897
- Bram v. United StatesSupreme Court of the United States · 1897
- People v. Grzesczak, New York County Courts1912
- Garrard v. StateMississippi Supreme Court · 1874
- Territory of Montana v. McClinMontana Supreme Court · 1871
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