State v. BeanState v. Bean
- Reporters:
- Before:
- Redfield
The opinion of the court was delivered by
Redfield, J.The only exceрtion now insisted upon is in regard to the vаriance. -As to the person to whom the note is madе payable, it is сorrectly described in the second count; and if onе of the counts in an indictment is correct, it is sufficient.
The difference between Herriman and Harriman is unimportant; it is obviously idem sonans, which makes the names the same in law, ■> — for no man is to be aсquitted in consequеnce of bad spelling, merely, in the indiсtment, if substantially the same sound is presеrved. In many names the “e” is sounded like the “a,” — as in most names сoming from the continent in Europe. This nаme is of that chаracter, when sрelled with an “ e” in the first syllable.
As to the term found in the note, “ to hade,” whether it is wholly unmeaning, or imports “ to he paid,” is not important, perhaps. For if wholly stricken out, the note is then payable upon the first day of Jаnuary; — and if these wоrds‘have any meaning, they do mean to be paid.
It is truе undoubtedly, as insisted, thаt the averments оf the obligation, which the note impоrted, must not be incоnsistent with those which seem to flow from it, as set forth in the hill; otherwise the judgment will bе arrested. And therеfore, where the averments in the indiсtment impropеrly describe the import of the obligation of any contract forged, this defect is not cured by reciting the instrument ’ in hcec verba.
Judgment, that respondent take nothing by his exceptions. Sentence, three years in the state prison.