State v. Riebe

• Citation: 7 N.W. 262,27 Minn. 315
• Parties: State of Minnesota v. Frederick C. Riebe
• Decision Date: 12 November 1880
• Court: Minnesota Supreme Court

7 N.W. 262

27 Minn. 315

State of Minnesota v. Frederick C. Riebe

Supreme Court of Minnesota

November 12, 1880

Appeal by defendant from an order of the district court for McLeod county, Macdonald, J., presiding, refusing a new trial.

Order reversed.

M. O Little, for appellant.

Chas M. Start, Attorney General, for the state.

The indictment shows that the alterations were material, for it shows that an acquittance or receipt was changed into a promissory note whereby the maker of the original instrument is made to promise to pay to the defendant, who was not a party to it, the sum of $ 100. The indictment shows a sufficient excuse for not setting out more fully the receipt that was altered, viz., that it had been destroyed by the defendant. 2 Bishop Cr. Proc. § 360; 2 Archbold Cr. Pr 808; Gen. St. 1878, c. 108, § 15.

The indictment shows on its face that the instrument altered, as well as the one forged, is the subject of forgery. An acquittance or receipt (they are the same in criminal proceedings, State v. Shelters, 51 Vt. 102,) was altered, and a promissory note forged.

The proper construction to be given to the indictment is to treat it as charging the defendant with forging a promissory note not altering an accountable receipt.

OPINION

Gilfillan, C. J.

The indictment is as follows:

"Frederick C. Riebe is accused by the grand jury of the county of McLeod, and state of Minnesota, by this indictment, of the crime of forgery, committed as follows, to wit: That on the 17th day of August, 1879, the said Frederick C. Riebe had in his possession an accountable written receipt for money showing the receipt by one Gotlieb Kopp from one Mrs. Nelly Seymour of the sum of $ 740 on the 16th day of August, 1879, which said receipt has been destroyed by the act and procurement of said defendant, and a more particular description of which is unknown to the grand jury, which said receipt was signed in writing by said Gotlieb Kopp, with the name of said Gotlieb Kopp; that on the 17th day of August, 1879, in the village of Glencoe, in said county of McLeod, and state of Minnesota, and while the said Frederick C. Riebe so had the said receipt in his possession, he, the said Frederick C. Riebe, did wilfully, maliciously and falsely, with intent to injure and defraud the said Gotlieb Kopp, at the time and place aforesaid, and with the intent aforesaid, falsely alter said accountable receipt, so that, when the same was so altered, it was of the tenor and import and words and figures following, to wit:

"'$ 100. Hector, August 16, 1879.

"'Ten days after date, for value...