State v. . Morgan
Supreme Court of North Carolina
The defendant was indicted in the county of Stokes, as follows: “ The jurors for the state, on their oath, present that Ezekiel W. Morgan, late of, &c., on, &c., with force and arms in, &c., of his own head and imagination, did wittingly and falsely make, forge and counterfeit, and did wittingly assent to the falsely making, forging and counterfeiting a certain bond and writing obligatory in the words, letters and figures, that is to say, &c.>” (setting out a bond for eight…
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The defendant was indicted in the county of Stokes, as follows: “ The jurors for the state, on their oath, present that Ezekiel W. Morgan, late of, &c., on, &c., with force and arms in, &c., of his own head and imagination, did wittingly and falsely make, forge and counterfeit, and did wittingly assent to the falsely making, forging and counterfeiting a certain bond and writing obligatory in the words, letters and figures, that is to say, &c.>” (setting out a bond for eight hundred dollars, payable to Frederick H. Shew-man, the agent of the Bank of Cape Fear at Salem, payable at the office in…
1Opinion of the Court
Ruffin, Chief Justice,
It has been contended on behalf of the prisoner, that there was not evidence that he committed the forgery ; or, if so, that he did it in the county of Stokes ; and, therefore, that the Court erred in stating to the jury that the testimony, if believed, was prima facie ■evidence of those facts, which was sufficient, if unexplained by the prisoner, to authorize them to find him guilty.
It is certainly true, that the prisoner must be connected with the fabrication of the instrument by evidence, direct or circumstantial. It is equally true, that a making within the county is…
2Cited by10 opinions
- State v. EarleySupreme Court of Kansas · 1925
- State v. Peterson.Supreme Court of North Carolina · 1901
- State v. JestesSupreme Court of North Carolina · 1923
- State v. DeGinaCourt of Appeals of North Carolina · 1979
- State v. KozukonisSupreme Court of Rhode Island · 1946
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