People v. Smith
| Decision Date | 23 March 1897 |
| Citation | 112 Mich. 192,70 N.W. 466 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. SMITH ET AL. |
Error to recorder's court of Detroit; Joseph W. Donovan, Judge.
John Smith and William French were convicted of forgery, and appeal. Reversed.
Fred A Maynard, Atty. Gen., and Allan H. Frazer, Pros. Atty., for the People.
Fred R Gartner and Edward A. Stricker, for defendants.
The defendants were convicted, of the offense of forgery, upon an information stating the offense as follows, viz.:
The theory of the prosecution appears to have been that there was no such organization as the "Union Iron & Steel Workers," and we think there was testimony from which the jury might properly so find. The principal questions in the case are: (1) Whether this instrument was within the list mentioned in the statute. (2) If so, whether the fact that it was called a "letter of attorney" in the information was fatal, if it was not legally a letter of attorney. (3) Whether it was of any apparent legal effect and so capable of being forged. This instrument, upon its face, purports to give authority to the defendants to solicit and receive donations for a fund ostensibly under the control and charge of an organization. If this can properly be called a "letter of attorney," or an "order for money," it is within the statute. If not, the offense which the prosecutor sought to prove was more in the nature of obtaining money by false tokens and pretenses. We think it cannot be called a "letter of attorney" or an "order for money." A...
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