State v. Evans
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Conviction for forgery. Defendant's motion in arrest of judgment was sustained by Armstrong, J. Statement of the case by the justice delivering the opinion: This is an appeal by the state from an order of the district court arresting judgment in a case where the defendant had been found guilty under an information charging him with forgery.
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Appeal from Ninth Judicial District, Gallatin County. Conviction for forgery. Defendant's motion in arrest of judgment was sustained by Armstrong, J. Statement of the case by the justice delivering the opinion: This is an appeal by the state from an order of the district court arresting judgment in a case where the defendant had been found guilty under an information charging him with forgery. The motion in arrest of judgment was made upon the two statutory grounds: 1. That the information does not state facts sufficient to constitute the crime of forgery; and 2. That the courtnhad no…
1Opinion of the CourtDe Witt, J.
— This information is drawn under a statute similar to that which was in existence in California when the case of Ah Woo, 28 Cal. 206, was decided. (See, also, State v. Malish, ante, p. 506.)
An information charging forgery by the uttering, etc., as does this one, is proper; for the uttering is, uuder our statute (Criminal Practice Act, § 96), one method by which forgery may be committed. (See cases last cited.) This question of criminal pleading was not considered in State v. Hudson, 13 Mont. 112, the case being decided on the question of jurisdiction only. (See State v. Malish, ante, p. 506.)
2Cases cited10 opinions
- People v. ShallCourt Of Oyer And Terminer New York · 1829
- People v. HarrisonNew York Supreme Court · 1850
- Oliver v. KeightleyIndiana Supreme Court · 1865
- Reed v. StateIndiana Supreme Court · 1867
- State v. BriggsSupreme Court of Vermont · 1861
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3Cited by15 opinions
- United States v. StrandUnited States Court of Military Appeals · 1955
- In re FarrellMontana Supreme Court · 1907
- McGillic v. CorbyMontana Supreme Court · 1908
- State v. Mary L. AndrewsSupreme Court of Missouri · 1923
- United States v. PhillipsUnited States Court of Military Appeals · 1964
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