Commonwealth v. Bachop

Citations

• 2 Pa. Super. 294
• 1896 Pa. Super. LEXIS 53

Syllabus

<p>Criminal law — Forgery—Fictitious name on note.</p> <p>The making of any false instrument, which is the subject of forgery, with a fraudulent intent, although in the name of a nonexisting person, is as much a forgery as if it had been made in the name of one who was known to exist and to whom credit is due.</p> <p>Criminal law — Forgery—Indictment—Essentials thereof.</p> <p>An indictment for forger’y need not set out the manner in which the payee of a forged note is or can be prejudiced by said note where the tendency to prejudice her rights appears on the face of the instrument and it is apparent that the same could be used to her prejudice. All that is required is certainty to a common and general intent, and that need not be averred which is apparent to the court and which appears from a necessary implication.</p> <p>Payment of money for a forged note — Parts of one transaction.</p> <p>Where the payment of the money to one charged with the forgery of a note was not contemporaneous with the making of the note but the payment and making of the note were necessary parts of the same transaction as arranged by the defendant, it may properly be held that the forgery was to the prejudice of the right and with the intention to defraud the person whose money was thus secured.</p> <p>Indictment — Foiimal defect.</p> <p>The omission of a seal following a fictitious or forged name in a forged instrument as quoted in the indictment is a mere formal defect which the appellate court will not regard.</p>