The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-02
THE NEW ORLEANS DEMOCRAT TUESDAY, April 2, 1878.

eiment.s continued the Attorney General, tibet
] s aya n o a IL a 1ap vased
isialaea win mPqpty;,, Nor can We -. PM IN a2
proseepti"ns will enable one, readll y p, under
stand that when ierapn is charged with utter
ing ae forged 2 na,ticular ins.tnanent 9e san-
no and uppvIGhsp rent insrumen 30 uhst
IN. apparantly Forgetting what thu ehsra j T. IN
statute. he argu eaborHtey to prove what no
one will even DISPUTE. VIZ! that who
sh. m rssor sha fay y S ., 'Pssss and
p py 10 cite The law sara he statute Is
That any person who sh.ll utter and pn lish q,
record with Int, nt 70 defr.ud any person shall.
upon oon,ylcti?n.," etc. Now, thet Is not The
the numerous grounds Of the motion in arrest
p Judgment Is bs upon the yaraa BE-, BE-,
crime charged In the information. There l.
well rerognized distinction nj common law be-
tween the .,iferse Of uttering forged instru-
piate When The Rerly has efia,sa tbe instrument
seed last y not co s" mt" M he
has come into the hands OF sone pers n other
than the felon. The, common law crime has
been supplemented by statutes IN every country
creating STATUTORY offens.s Of this character. In
England the words used n the statute te9 OK
ne pass a,s IF putting m ssn Fsa In In
strumept. or an ATTEMPT 1,,'.,au to do so.
are Of o MsI s "ts, e 1sros mode OF 81 ds
posing or attempting to dispose OF forged In,
srunent. Waternan's A,ehboll O4imina
pae sts End r .s sal 1 Th wods ."
are not misprint. for they occur fret in the
act Of 1918. ahd are repeated In the Revised
Statutes Of 1850 aud 1870 II was hence contend
ed by the Defendants counsel that the Leesla-
tnre had not made The net ehHfged to have been
done by hin ermehe charge haE utter
ns laid Ia the informati n, and FIR which he wns
tried is mol hsofime e,eat by be statute The
has utter. The e,atute uses the d,sjunetiye.
alter or publish, thus making two crimes, The
info nation hes The Aopnlatiye utter and pub
Hon Is baseG on sst1on wa evsed ststnes
and tho word utter is not used In 1t. while 1t is
employed In tho xt section. IA rotation to he
In So oton a35 for creating another and distinct
offense. THUS whoever shall utter or tender In
to have been employed Intentionally and
it WIS urged both 10 ihe oral and printed. arg II,
IN ans @ n WR' as "e a e Of tho r f"
do not char. the crime either Of utterlpg or
publishing defined by, the statute; n other
record and the d, PENDANT was not charged with
that. The statute ALSO made 1t crime TO pub
as true a 1s 9th S Ssa b." a w hs
s snu and distinct fr ~ either Of he otss
o IN, ans legal the same as the single word pub
q lsh, aud designates the same act the offense
charged in tho information has no exstsn,e
- IT the draughtsman Uf he Information bad the
o ata ute before him. hs must have intended the
d word utter. used by him .eonjnnetiyey with
Word Expresses by Itself but legally tina, 10 moi
d true. aa The law writer's all teach. We did moi
4 give this objs tinn OF the defendants counsel a
.I,...x ty.Hs ltpt hoe "a
s. sienmept Of erro's additional thereto. tho tvs
4 siye Of the invaliiiy ofthe proceedings.
Il That tho crime should have been charged t.
o have been committed by the defendant under
/ color Of his Office Is to our minds q nee. ssty
n No ono but this returning officers had anj
+ power. mission or authority 70 ,eompils, fan
9 vass Of pnblish tho returns OF elections TT
d alton. could produce NJ legal consequences
T All persons are presumed to knew ,hes tn.
i 'thors than The Returning Board was null anf
c void l. gully, and hence 1t was legally imposst
n bic bai pueh publ 'ation should decov fnjnrt
It must not only be done with intent e dsfrand
6 Tut mn BE- legally capable Of , etreetaing 'h'
" h,as q We Sa rs asked AK il the brie il four pres
% dents Of banks bad appropriated arge suns
% "4es and ni,s sl tSs n%a be-,
'; male ana inc result cnahghai. ,neg ma.
It caused them TO ne published, W?ut'
not tbs be punishable Unanest,lonah'y II WE
understand tito % assumed nv ne pap,ent,2l
q H. made ~ the name ana uhder me an'horl
d OF the returning ofilcers, beeause there u
another statute nat appl'es 10 ,bh ha Wno r2
70 u eto be- thlstly ma,e eto. B,lt tnat 10 W,thlf
the ATTORNEY Gem rals ,maglnary cm I. and no 70
o we ea fase not to be-
d tended TINT the publlsne1 aornment pore "
M n o. ba Ink prsd b II Is pJs ab
y hut such publication Would not Dc crifD1nh
Gu ha, 9f 1e ow hat Y was Il TO
,o eatene. of the offengs of tutoring aIM publish
If Ing false ei.cian reahrus 9noer the staIa.
nat me pnoiisn.lng saou , DO ,ac ao W pr
u me INV TO make u, ana ,nerel h WINS essen
10 thl mat we mo. . smo M .om,a'h ~
ID ayerment OF ,nat anu c ~, I'm
D. was lhutIy H. Nv oa -, " T, ia t
% could not be snpp,lea Dy th court !. 10 my
10 " history le OF Inc aa,ehnhn. Wntg
W actually cobstln.ea MS eIllne VIZ uohe .n ~
Is Official capaety hs Hsiu In. oi .ae m .,