Commonwealth v. Boutwell
| Decision Date | 16 July 1880 |
| Citation | 129 Mass. 124 |
| Parties | Commonwealth v. Charles Boutwell |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Exceptions overruled.
W. D Northend, for the defendant.
F. H Gillett, Assistant Attorney General, (G. Marston, Attorney General, with him,) for the Commonwealth.
The indictment in the first count charges that the defendant "did falsely make, forge and counterfeit a certain false, forged and counterfeit accountable receipt for money," a copy of which is set forth. The second count is like the first, except that it describes the instrument as a "discharge," instead of a "receipt." The evidence at the trial was, that the defendant inserted additional words and figures in a genuine receipt for money paid to one Buck, by which the amount named in the original receipt was increased from $ 50 to $ 750.
It is contended that this does not support the charge of forging the whole instrument. But the court properly ruled otherwise. The crime of forgery at common law is defined by Blackstone to be the fraudulent making or alteration of a written instrument to the prejudice of another's right. 4 Bl. Com. 247. It is not necessary to the offence that the whole instrument should be fictitious. A fraudulent insertion of additional words, or an alteration in a material part of a true document, by which another may be defrauded, is a forgery, and is well described as such.
Under the old St. of 5 Eliz. c. 14, against the forgery of deeds and other writings, it is said in 1 Hale P. C. 684, that the inserting of a clause in a will purporting a devise of lands, without the direction of the devisor, is the forging of a will within this statute, though the whole will be not forged. This is stated in 1 Hawk. c. 70, § 2, to be because the fraud and villany are the same as if there were an entire making of a new instrument in another's name.
In the early case of Rex v. Dawson, 1 Stra. 19, the indictment charged that the defendant fabricavit et contrafecit a certain bank-note for the payment of money. The jury found by a special verdict that the defendant altered a genuine note for # 220 so that it appeared to be a note for # 550. The defendant insisted that the facts found by the special verdict were not included in the general words of the indictment "fabricavit et contrafecit." But the judges were of opinion that the indictment was well enough, for it was a plain forgery, if not a counterfeit, and fabricavit would denote as much. And, under the St. of 7 Geo. II. c. 22, it was decided that altering a bill from a lower to a higher sum was a forgery; and that a person might be indicted for forging such an instrument, although the statute had the word "alter" as well as forge. Rex v. Teague, 2 East P. C. 979; S. C. Russ. & Ry. 33. Rex v. Birkett, Russ. & Ry. 251. Rex v. Atkinson, 7 Car. & P. 669. Regina v. Vaughan, 8 Car. & P. 276.
A statute of this Commonwealth imposes punishment upon any one who falsely makes, alters, forges or counterfeits certain written instruments therein named. Gen. Sts. c. 162, § 1. When this statute was passed, it had been settled by the law of England under similar statutes that a forgery of the whole instrument and a material alteration of it were not distinct offences, and that the latter act was well charged in criminal proceedings as a forgery of the whole. This state of the law is to be taken into account in the construction of these acts, and in the application of the rules of criminal pleading to offences committed under them. We find several cases in which the English rule has been followed by the courts of this country, but none in which it appears to have been departed from.
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Com. v. O'Connell
...proof, as one of its elements, that the defendant falsified or altered one or more significant parts of the check. See Commonwealth v. Boutwell, 129 Mass. 124, 124 (1880). The Commonwealth's case on the indictments alleging forgery depends on a finding that the defendant forged the maker's ......
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Cochran v. State
...instrument * * * has been forged is satisfied by proof of a forgery of any material part." The same holding will be found in Com. v. Boutwell, 129 Mass. 124. In State v. Floyd, 5 Strob. (S. C.) 58, 53 Am. Dec. 689, it was decided upon a full consideration, and citation of many authorities, ......
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Commonwealth v. O'CONNELL
...proof, as one of its elements, that the defendant falsified or altered one or more significant parts of the check. See Commonwealth v. Boutwell, 129 Mass. 124, 124 (1880). The Commonwealth's case on the indictments alleging forgery depends on a finding that the defendant forged the maker's ......
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Commonwealth v. Peakes
...of such instruments would constitute forgery, within the definition of the statute. Commonwealth v. Lawless, 101 Mass. 32;Commonwealth v. Boutwell, 129 Mass. 124; R. L. c. 209, § 1. See R. L. c. 218, § 22. The ‘intent to injure or defraud,’ referred to in the statute establishing the penalt......