Commonwealth v. Spilman
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 162, §§ 1, 2, in two counts. The first count charged that the defendant “ did falsely make, alter, forge and counterfeit a certain indorsement in and upon a certain promissory note for the payment of money, said note purporting to be made by said Spilman payable to one T. W. Atherton, which said note is to the substance and purport following, that is to say: ‘Boston, April 1st, 1876. $2000. One year after date I promise to pay to the order of…
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Indictment on the Gen. Sts. c. 162, §§ 1, 2, in two counts. The first count charged that the defendant “ did falsely make, alter, forge and counterfeit a certain indorsement in and upon a certain promissory note for the payment of money, said note purporting to be made by said Spilman payable to one T. W. Atherton, which said note is to the substance and purport following, that is to say: ‘Boston, April 1st, 1876. $2000. One year after date I promise to pay to the order of T. W. Atherton two thousand dollars at any bank in Boston with interest at 7 per cent, payable semiannually. B. F.…
1Opinion of the CourtLord, J.
This indictment is defective. The charge against the defendant is that of “ forging an indorsement in and upon a certain promissory note.” The statute for the punishment of forgeries includes “indorsement” as a subject of forgery; but it does not thereby authorize the pleader simply to charge that an indorsement has been forged, any more than it would authorize the simple allegation that the party charged has forged a “ public record ” or a certificate of a public officer in relation to a matter wherein such “ certificate may be received as legal proof,” “ a will,” or “ a bond,” or “ a policy…
2Cited by9 opinions
- Commonwealth v. McCormackMassachusetts Supreme Judicial Court · 1879
- State v. SmallSupreme Court of Missouri · 1926
- Hess v. StateIndiana Supreme Court · 1881
- Territory ex rel. Gildersleeve v. PereaNew Mexico Supreme Court · 1892
- Commonwealth v. WelchMassachusetts Supreme Judicial Court · 1889
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