State v. Nichols

38 Iowa 110
CourtSupreme Court of Iowa
DecidedMarch 19, 1874
StatusPublished
Cited by6 cases

This text of 38 Iowa 110 (State v. Nichols) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Nichols, 38 Iowa 110 (iowa 1874).

Opinion

Day, J.

i criminai, mlinh for-ct" gery- — I. That.it is proper to charge in an indictment ^01'gei',7 °f a paper, and the uttering of it as gennine> see State v. Farris, at the present term; State v. McPherson, 9 Iowa, page 53.

2. -; evition°of'S’eu II. "When the instrument alleged to have been forged was offered in evidence, the defendant objected on the ground that it was signed Wright "Whaley, instead of Wright & Whaley. The court overruled the objection, and it is urged that this ruling was erroneous. In order that we might determine the merits of this objection, we have examined the paper alleged to be forged, which is attached to the transcript, and have compared the signature with one proved, upon the trial, to be the signature of Wright & Whaley. The genuine signature of Wright & Whaley is peculiar, the <& being attached to the W. in Whaley, and, upon a casual observation, appearing to be a part of it. The signature alleged to be forged, appears to us to be a bungling attempt to imitate this genuine signature.

Whether or not it was such, was a question of fact for the jury, and in order that they might determine this question, the paper was properly admitted in evidence.

s. appeat, : instruction; abstract. III. Objection is urged to the instructions given. The abstract does not, so far as we can discover, purport to set out in full a single instruction given. It sets forth , ° „ what seem to be parts or sentences, ox various instructions which are claimed to be erroneous. It does not appear but that the portions complained of were modified and [112]*112limited by other instructions or by other parts of the same instructions. We are unable from the abstract to get a clear view of the charge of the Court, or to determine affirmatively that it contains error to the prejudice of defendant.

Aeeirmed.

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Related

Thines v. Kukkuck
293 N.W. 58 (Supreme Court of Iowa, 1940)
McDowell v. Interstate Oil Co.
237 N.W. 454 (Supreme Court of Iowa, 1931)
Kreuger v. Sylvester
69 N.W. 1059 (Supreme Court of Iowa, 1897)
State v. Lauderbeck
65 N.W. 158 (Supreme Court of Iowa, 1895)
State v. Henry
13 N.W. 343 (Supreme Court of Iowa, 1882)
State v. McCormack
9 N.W. 916 (Supreme Court of Iowa, 1881)

Cite This Page — Counsel Stack

Bluebook (online)
38 Iowa 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nichols-iowa-1874.