Judges: Young
Filed Date: 3/7/1905
Status: Precedential
Modified Date: 10/19/2024
The indictment, so far as it is material, is as follows: "Carroll D. Piper . . . did in a certain book, owned and used by said Wolfeborough Loan and Banking Company, make a certain false entry in regard to the amount of money then and there withdrawn from said Loan and Banking Company by one George E. Doane of said Wolfeborough, he the said Doane having then and there a deposit in and with said Loan and Banking Company in the savings department thereof, which false entry is as follows, that is to say: `Aug. 13, 37-955 Geo. E. Doane 500,' meaning and intending it to be understood by and from said false entry that the said Doane had then and there withdrawn from the aforesaid department of said Loan and Banking Company the sum of five hundred dollars, whereas in truth and in *Page 231 fact the said George E. Doane did not then and there withdraw the said sum of five hundred dollars from the aforesaid department of said Loan and Banking Company, as in said entry is falsely alleged and stated, but on the contrary thereof, he the said George E. Doane then and there withdrew the sum of one hundred dollars only from the aforesaid department of said Loan and Banking Company, as he the said Carroll D. Piper then and there, at the time of inserting and entering in and upon said book the said false entry, well knew."
If it is necessary to either allege or prove that the defendant knew that this entry was false (State v. Ryan,
If the defendant should be indicted for paying money to Doane, an allegation that he paid it to Doane would be supported by evidence that he paid it to Doane's agent or on Doane's order. State v. Wentworth,
Exception overruled.
All concurred. *Page 232