McMillen v. State
Ohio Supreme Court
McMillen v. State, 5 Ohio 268 (Ohio 1831)
McMillen v. State
Opinion of the Court
An indictment for forgery must describe the instrument alleged to be forged specifically. In an indictment for larceny it is enough to set forth that bank notes of a general description, to a specific-amount in value, were stolen. It is not the specific character of the notes, but the theft, that constitutes the essence of the crime. In a prosecution for forgery it is different. The forged instrument must be set out, that* the court may determine advisedly whether the fabrication of it,constitute the crime inhibited by the-law. All the precedents are so, and so are the authorities. 6 Term, 162; 1 East, 180; Arch. C. L. 19. The judgment must be reversed.
Reference
- Full Case Name
- James McMillen v. State of Ohio
- Status
- Published