156 Mass. 196 | Mass. | 1892
1. It is an established exception to the rule forbidding proof of collateral facts, that, in prosecutions for forgery
In the case at bar the defendant was tried upon an indictment charging him with the forgery of a check upon a bank, purporting to be drawn to his order by one Andrews, and in a second count with uttering the same check knowing it to have been forged. It was shown that, when arrested, he had three other checks upon the same bank, payable to his own order, one of which purported to be drawn by Andrews; and evidence, consisting in part of his own alleged confessions, was admitted, subject to his exception, tending to show that the checks found upon him, and also two others' passed by him about the same time as the one set out in the indictment, were forgeries. Under the principle above stated, all the evidence excepted to was competent, both to show his knowledge that the check set out in the indictment was forged, and that his purpose in the forgery and the uttering was to defraud. It is to be presumed that correct and appropriate instructions to enable the jury to make a proper application of the evidence were given. Commonwealth v. Shepard, 1 Allen, 575, 582. Adams v. Nantucket, 11 Allen, 203, 205. Reserving for the present the questions raised as to the alleged confessions, these considerations require us to overrule the other exceptions to the admission of evidence, and also the exception to that portion of the charge which allowed the jury, on the question of the defendant’s intention to defraud by the forgery, to consider the fact that he had in his possession at the time of his arrest other forged checks.
2. The defendant excepted to the admission of evidence of his alleged confessions. Before such evidence was received, the witnesses were examined by the defendant’s counsel with refer- . ence to any inducements offered or statements made to him by the officers, and the bill of exceptions states that it appeared that no inducements were held out. When the examination disclosed that his statements related in part to the other' checks above mentioned, the defendant’s counsel objected to the admission of any statement or confession about checks other than the one mentioned in the indictment, and excepted to all evidence of his statements as to the other checks. But as all the statements were pertinent to the question whether the checks were
3. There was no evidence that Andrews ever had an account with the bank on which the check purported to be drawn, or any right to draw upon the bank. The court refused to rule that for this reason there was no evidence to warrant a conviction, dr that there was a variance between the allegation and the proof in that the words “ order for money ” in the indictment implied a mandatory power in the maker of the check, while upon the proof it did not appear that Andrews had any right to command the bank to pay the check,' or any check. The requests for these rulings were properly refused. The indictment alleges the making and uttering of a false order for money of a certain tenor. Whether, if the false order had been genuine, it would have been a document which the bank on which it purported to be drawn would have been bound to honor, or even whether or not there was such a bank, was not alleged in the indictment, and was immaterial.
Exceptions overruled.