18 Johns. 164 | N.Y. Sup. Ct. | 1820
delivered the opinion of the Court. The question presented by the record is this, whether, as the lands in relation to which the forgery has been committed, are without this state, the offence is within the statute to prevent forgery and counterfeiting ? (1 R. L. 404.) The statute, so far as relates to this offence, enacts, that if any person shall falsely make, alter, forge or counterfeit any deed or writing sealed, with intention to defraud any person, or body politic or corporate whatsoever, or shall utter and publish the same as true, knowing the same to be false, altered, forged and counterfeited, then every such person, being thereof convicted according to the due course of law, shall be deemed guilty of felony. The act declaring the punishment of certain crimes, (l R.L. 408.) authorizes the punishment for such offences.
The prisoners’ counsel have referred us to 3d Leonard, 170. as an authority, that the offence is not within the statute. In that case a complaint was made to the star chamber that a lease of lands in Ireland had been forged, and a reference was made to the two chief justices of the points of law arising in the case. They reported it as their opinion, that it was not a forgery within the statute of 5th Elis. ch. 14. That
Judgment accordingly.(
Hauy was sentenced to the state prison for 14 years, and Flanders for se* ven years.