United States v. Davis

Citations

• 231 U.S. 183
• 34 S. Ct. 112
• 58 L. Ed. 177
• 1913 U.S. LEXIS 2556

Syllabus

<p>On a direct appeal from an order quashing an indictment this court assumes the correctness of the meaning affixed to the indictment by the court below and determines only whether the statute was correctly construed.</p> <p>Section 29 of the Penal Code is practically a reproduction of § 5421, Rev. Stat., which in turn represents § 1 of the act of March 3,1823, c. 38, 3 Stat. 771, and this court follows the construction already given by this court to the last named statute to the effect that it embraces fraudulent documents as well as those that are forged or counterfeited. United States v. Staats, 8 How. 41.</p> <p>The enumeration of certain classes of forged and false documents in § 5421, Rev. Stat., does not exclude other fraudulent documents which might be used to perpetrate the wrong which it is the purpose of the statute to prevent.</p>