Legal Opinion

State v. Kimball

Supreme Judicial Court of Maine

Decided July 1, 1861PublishedCited by 10 opinions

Reported from Nisi Prius, Cutting, J., presiding. Indictment containing two counts under the statute, and two at common law, for forging and uttering a deposition, used on the trial of a libel for divorce from the bonds of matrimony, in which the respondent was libellant. The respondent moved to quash the indictment, and, the motion being overruled, he excepted.

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Reported from Nisi Prius, Cutting, J., presiding. Indictment containing two counts under the statute, and two at common law, for forging and uttering a deposition, used on the trial of a libel for divorce from the bonds of matrimony, in which the respondent was libellant. The respondent moved to quash the indictment, and, the motion being overruled, he excepted. He also excepted to the exclusion of certain testimony:— the question raised is fully stated in the opinion of the Court. He also excepted to the following instructions of the presiding Judge. " I instruct you, as matter of law; that,…

1Opinion of the Court

The opinion of the Court was drawn up by

Tenney, C. J.

The defendant was indicted for having forged a deposition, purporting to have been signed by one Joseph Greely, jr., and the certificate of caption thereto, purporting to have been signed by one James M. Sargent, a justice of the peace for the county of Merrimack, i*n the State of New Hampshire; — and also, for causing the same forged deposition and certificate of caption to be read to the Court, as true, on the trial of a libel for divorce of the defendant, from the bonds of matrimony with one Marilla Kimball, his wife. The jury having…

2Cited by10 opinions

  1. Willow River Club v. WadeWisconsin Supreme Court · 1898
  2. State v. BrownSupreme Judicial Court of Maine · 1974
  3. Gordon v. CommonwealthSupreme Court of Virginia · 1902
  4. Lumsden v. StateSupreme Judicial Court of Maine · 1970
  5. State v. McCoilSouth Dakota Supreme Court · 1935

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