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2 D.C. 111

United States v. Smith

Decided June 15, 1815

Indictment for forging a promissory note of the Farmers’ & Mechanics’ Bank, (not incorporated.)' objected to the admission of the note in evidence, because it was. “ payable out of the joint funds thereof, and no other,”- and therefore not such a promissory note as was intended by the Act of Maryland, 1799, e. 75, 1, upon which the indictment was founded ; it not being, as they said, a negotiable promissory note; and they said it was not a bank-note within the meaning of the…

Decided 1815-06-15

¶1But

the Court(Morsell, J., not sitting,)

¶2overruled the objection.

¶3*112The prisoner’s counsel then objected that in setting forth the note in the indictment, the signature was written “ W. Marbury,” but the signature to the note was “ ¥m. Marbury,” and for that variance the Court refused to suffer the note to be given in evidence.

¶4Verdict, not guilty. Prisoner remanded to be tried at the next term on a new indictment.

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