State v. Hall
Supreme Court of North Carolina
Appeal from Fall Term, 1890, of Stanly Superior Court, Bynum, /., presiding. The defendant and one Freeman were indicted at Fall Term, 1889, for forgery of the following paper-writing: “Mr. Miller, pleas send me 3 gals, whiskey I will send you money. Dolph Shaven. Dec. the 24h 1888.” There were two counts in the bill of indictment, the first charging the forgery with intent to defraud Miller, and the second with intent to defraud Shaver.
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Appeal from Fall Term, 1890, of Stanly Superior Court, Bynum, /., presiding. The defendant and one Freeman were indicted at Fall Term, 1889, for forgery of the following paper-writing: “Mr. Miller, pleas send me 3 gals, whiskey I will send you money. Dolph Shaven. Dec. the 24h 1888.” There were two counts in the bill of indictment, the first charging the forgery with intent to defraud Miller, and the second with intent to defraud Shaver. At Spring Term, 1890, the defendants were put upon their trial. The defendant Freeman was convicted, but the jury having failed to agree upon a verdict as to…
1Opinion of the CourtClark, J.
after stating the case : To constitute forgery it is essential that there is an intent .to defraud. It is not essential that anyone be actually defrauded, or that any act be done other than the fraudulent making or altering the writing. The forgery of the order upon Miller and its presentation to his partner was evidence, ample, of the intent to defraud. State v. Lane, 80 N. C., 407; State v. Morgan, 2 D. & B., 348. It was immaterial whether Miller himself, or Basinger for him, as his partner, filled the order, or, indeed, whether the order was filled at all or not. This is not an indictment…
2Cases cited5 opinions
- State v. . TooleSupreme Court of North Carolina · 1890
- State v. . LaneSupreme Court of North Carolina · 1879
- State v. . LeakSupreme Court of North Carolina · 1879
- State v. CovingtonSupreme Court of North Carolina · 1886
- State v. . LambSupreme Court of North Carolina · 1871
3Cited by6 opinions
- State v. WilliamsSupreme Court of North Carolina · 1976
- State v. . RobbinsSupreme Court of North Carolina · 1898
- United States v. LinnierU.S. Circuit Court for the District of Nebraska · 1903
- State v. . WheelerSupreme Court of North Carolina · 1889
- Peoples Bank & Trust Co. v. Fidelity & Casualty Co.Supreme Court of North Carolina · 1950
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