People v. Peck

Headnote

Forgery—Boiro Atm mortgage—Former oonyictior".

A conviction on an indictment for uttering a forged bond, is a bar to a subsequent conviction under an indictment charging the uttering, at the same time of the mortgage accompanying such bond, and purporting to secure the performance of its conditions.

■ Trial of an indictment for forgery, under 3 Bevised Statutes (7th ed.), page 2486, section 22, and page 2490, section 39.

The defendant, Ellen E. K. Peck, was indicted in the Court of General Sessions of New York, on February 6, 1885, for-the forgery of a certain mortgage on real estate for three thousand dollars, to the Mutual Life Insurance Company of New York, and dated September 19, 1882. The indictment was subsequently ordered to the Court of Oyer and Terminer, and came up for trial before Barrett, J., June 18, 1885.

It appeared, from the records of the court, that theretofore, viz., on May 28,1885, said defendant was convicted in the Court of Oyer and Terminer of the crime of forgery, under 3 Bevised Statutes (7th ed.), page 2489, section 33, upon an indictment found February 9, 1885, in the Court of General Sessions, charging her with forging the bond, to secure which the mortgage above referred to purported to have been made, and which bond was dated and executed at the same time, and formed a part of the same transaction with the mortgage. Sentence was not pronounced on said conviction.

To the present indictment for forging the-mortgage defendant pleaded that she had been theretofore convicted of the crime charged therein, by the conviction of May 28, 1885.