This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...1 Cush. 66. 9 R. v. Wilson, 2 Cox C. C. 426; Allgood v. S., 87 Ga. 668, 13 S. E. repugnancy if the instrument is unnecessarily given a name which does not appear to be correctly applied to the instrument as set forth in the indictment. The name will be rejected as surplusage.1 177. Only such parts of a ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...1 Cush. 66. 9 R. v. Wilson, 2 Cox C. C. 426; Allgood v. S., 87 Ga. 668, 13 S. E. repugnancy if the instrument is unnecessarily given a name which does not appear to be correctly applied to the instrument as set forth in the indictment. The name will be rejected as surplusage.1 177. Only such parts of a document as are necessary for a description of the crime need be set out; other parts of the document need neither be set out nor described. Thus where a bank-note is set out it is not necessary to describe the ornamental devices or mottoes,2 or the number of it or other figures in the margin;3 so it is not necessary to describe a revenue stamp affixed to the instrument,4 or the figures cut in a check or draft to indicate the amount,6 or the dollar marks at the head of columns of figures,6 or the words in the margin of a warrant on the county treasurer, "not intended as a circulating medium."7 So in an indictment for forging a note, it is not necessary to set out the indorsements8 or other matter on the back of the note.9 So in setting out a libel it is not necessary to set out the date and initials at the bottom.10 But everything that is necessary to the instrument described must be set out. Where a bank-note was set out, but the name of the State in the margin, 1 Ante, in. 2 C. v. Bailey, 1 Mass. 62; C. v. Searle, 2 Binn. 332. C. v. Taylor, 5 Cush. 605. - Miller v. P., 52 N. Y. 304. White v. T., 1 Wash. 279, 24 Pac. 447. U. S. v. French, 57 Fed. 382. 1 Smith v. S., 29 Fla. 408, 10 So. 894. - C. v. Adams, 7 Met. 50; Miller -. P., 52 N. Y. 304. - IT. S. v. Marcus, 53 Fed. 784. 10 C. v. Harmon, 2 Gray 289. which did not elsewhere appear in the note, was omitted, the note was not sufficiently set out, since...
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