People v. Cummings

Citations

• 57 Cal. 88

Syllabus

<p>Vabiaitce.—In the copy of the forged instrument set forth in an indictment for forgery, a word was spelled shipped, and in the instrument offered in evidence as the original, the same word is spelled shiped. Held, that the variance was not such as to exclude the instrument from the jury.</p> <p>In.—The rule in such cases appears to be, that where the word is so misspelled as to preclude the possibility of its being mistaken for any other word in the English language, the import of it is a proper question for the jury to pass upon.</p> <p>Juby Tbial—Instbuctioks—Pbactice—Immatbbial Ebbob.—It is error to allow the jury to take with them instructions refused by the Court; but a party cannot complain of the error, if the instructions be those asked by himself.</p>