State v. McKiernan
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Elko County. The facts are sufficiently stated in the opinion. I. Falsely is one of the most material words in our statute against forgery, but it does not appear in this indictment, nor does any word of similar meaning.
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Appeal from the District Court of the Seventh Judicial District, Elko County. The facts are sufficiently stated in the opinion. I. Falsely is one of the most material words in our statute against forgery, but it does not appear in this indictment, nor does any word of similar meaning. An indictment under a statute must state all the circumstances which constitute the offense as set down in the act, and pursue the exact words’ of the statute or the equivalent, else it will be defective. (1 Bish. Crim. Pr., sees. 612, 613, and note; Arch. Crim. Pr. & PL, sec. 87; 1 Whar. on Crim. Law, sec. 371…
1Opinion of the Court
By the Court,
Hawley, J.:
Appellant was convicted of the crime of forgery upon an *227indictment which averred: That “ he, the said G. E. McKiernan, on or about the twenty-sixth day of August, A. D. 1881, at the county of Elko, and State of Nevada, had in his possession a certain draft, the tenor of which was as follows, viz. : Banking House Bartholow, Lewis & Co., Laclede Bank, incorporated 1872, No. 33,278, St. Louis, Mo., July 21, 1881. Pay to the order of Sac. Newman one hundred and ninety-five •dollars ,($195). To National Bank, of Commerce, in New York. F. J. Deitrich, Teller; E. A.…
2Cases cited4 opinions
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- Frissell v. RelfeSupreme Court of Missouri · 1846
- State v. DarkIndiana Supreme Court · 1847
3Cited by12 opinions
- State v. VerganadisNevada Supreme Court · 1926
- Close v. FlanaryNevada Supreme Court · 1961
- Garnick v. First Judicial District CourtNevada Supreme Court · 1965
- State v. RaymondNevada Supreme Court · 1911
- State v. SwitzerNevada Supreme Court · 1914
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