Legal Opinion

State v. Swensen

Idaho Supreme Court

Decided July 3, 1905PublishedCited by 6 opinions

Appellant was tried in the district court of Bingham county, found guilty of forgery and sentenced to a term in the state penitentiary, and appealed from the judgment. The pleader in the information has attempted to lay two charges in the same count: First, forgery under the statute by writing a check; second, forgery under the statute by uttering a check. At the same time he charges that both were accomplished by writing.

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Appellant was tried in the district court of Bingham county, found guilty of forgery and sentenced to a term in the state penitentiary, and appealed from the judgment. The pleader in the information has attempted to lay two charges in the same count: First, forgery under the statute by writing a check; second, forgery under the statute by uttering a check. At the same time he charges that both were accomplished by writing. Forging a cheek by writing is one offense, and forgery by uttering a check is another offense, both being made offenses under our statute. It is error to render judgment of…

1Opinion of the CourtStockslager, C. J.

The county attorney of Bingham county filed his information, charging that, “George Swensen, on or about the 1st day of November, 1904, at the county of Bingham, state of Idaho, and prior to filing this information, did willfully, unlawfully, feloniously and falsely forge and utter a bank check which was then and there signed in blank by one Evelyn Richards, to wit: A cheek on the State Bank of Idaho Falls, Bingham County, Idaho, and which said check he, the said George Swensen, did willfully, unlawfully, falsely and feloniously forge and utter by writing in the body of the check the words…

2Cases cited6 opinions

  1. People v. ShotwellCalifornia Supreme Court · 1865
  2. People v. MitchellCalifornia Supreme Court · 1891
  3. People v. TurnerCalifornia Supreme Court · 1896
  4. People v. JohnsonCalifornia Supreme Court · 1886
  5. Matthews v. JonesCalifornia Supreme Court · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. BrillIdaho Supreme Court · 1912
  2. State v. BaldwinIdaho Supreme Court · 1949
  3. State v. RolandIdaho Supreme Court · 1905
  4. State v. BurtenshawIdaho Supreme Court · 1914
  5. State v. KrugerNevada Supreme Court · 1912

1 more not listed; retrieve them via the Exa API.

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