Legal Opinion

State v. McLeran

Supreme Court of Vermont

Decided March 15, 1826PublishedCited by 3 opinions

THIS was an indictment for forgery, under the statute, consisting of five counts. The first count was in the words following.

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THIS was an indictment for forgery, under the statute, consisting of five counts. The first count was in the words following. St„Lp.g56 cii.ái, §to ’ The grand jurors, &c. present, that James McLeran, of, &c. on, 8lc. with force and arms, at, &c. did wittingly, falsely, and deceitfully, forge and alter, and did procure to be forged and altered, a certain promissory note, of the tenor following, that is to say— “Barnet, August 21, 1821. “For value received, we jointly and severally promise to pay James Melaran, or his order, sixty dollars, to be paid in beef cattle, the 1st Oct. 1822, or…

1Opinion of the Court

The opinion of the Court was delivered by

Hutchinson, J.

This is an indictment consisting of five counts, each attempting to charge a forgery under our statute, page 256 of the new compilation. Some counts treat it as the forgery of a note; some as the forgery of an endorsement upon a note. Each concludes contra formam statuti.

It is to be inferred from all the counts, that the act intended to be punished, was the cutting from a note of sixty dollars, a part of the paper on which was written an endorsement of twenty dollars, and then treating the note as if the whole sixty dollars were yet due.

To…

2Cited by3 opinions

  1. McDaniels v. LaphamSupreme Court of Vermont · 1849
  2. State v. MortonSupreme Court of Vermont · 1855
  3. Commercial Bank v. ClarkSupreme Court of Vermont · 1856

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