2 Ind. 132 | Ind. | 1850
We think the objections to the indictment in this case are not tenable. It was not necessary that the note should have been described with greater particularity. Engleman v. The State, at this term
The Court is also of the opinion, that the conviction of the prisoner was justified by the evidence set out in the record.
The prisoner’s counsel relies chiefly on the case of the People v. Caryl, 12 Wend. 547. In that case the prisoner was indicted for stealing, within the state of New York, a number of bank bills, purporting to have been issued by the Bank of Upper Canada, and by the Hancock Bank in Massachusetts. No evidence was given of the existence of the banks or of the genuineness of the bills, and the Supreme Court was of opinion that prima facie evidence ought to have been given that there were such banks in existence and that the notes were genuine.
In the present case, three witnesses, who professed to be persons of skill, testified to the value and genuineness of the note. It was also proved that the prisoner passed the note in payment for a pair of boots, which he had purchased at the price of 5 dollars and 25 cents, receiving 4 dollars and 75 cents in change. This was ample proof of the value and genuineness of the note, and more than meets the provisions of the statute relative to the evidence necessary in such cases. R. S. p. 993, ss. 45, 46.- See also Wharton’s Crim. Law, 393.
We think, also, that this was sufficient prima facie evidence of the existence of the bank by which the note purported to have been issued. It could not have been a genuine bank note of the value expressed upon its face, if there was no such bank. It is said in the case cited from Wendall, that it would not have been necessary to produce the highest evidence of the existence of the banks, such as proof of their charters, but that proof that there were such banks de facto, would have been sufficient. We think the jury were authorised to infer, from the evidence in this case, that the stolen note was a
The judgment is affirmed, &c.
See ante, p. 91.