The Queen v Johnston

JurisdictionIreland
CourtCourt of Criminal Appeal
Judgment Date07 May 1851

Court of Crim. Appeal.

THE QUEEN
and

JOHNSTON.

Saunderson v. PiperENR 5 Bing. N. C. 425.

Rex v. Sheppard R. & Ry. 169.

Elliott's caseUNK 2 East, P. C. 951.

Young v. GroteENR 4 Bing. 253.

Rex v. Teague R. & Ry. 33.

COMMON LAW REPORTS. 641 T. T. 1851. Court of Crim. Appeal. COURT OF CRIMINAL APPEAL.* THE QUEEN v. JOHNSTON. receipt :- for the county of Fermanagh, on an indictment containing three "Ulster Bank -We have re counts. ceived from the Lowthers The first count charged that the prisoner, on the 14th of January, town Union four pounds 14th of the Queen, at Lowtherstown, in said county, feloniously did sterling, which is placed to falsely make, forge and alter a certain accountable receipt for money, the credit of with intent to defraud the Guardians of the poor of the Low- their account with the Ill- therstown union, against the peace and statute, &c., which said ster Banking Company. accountable receipt for money was as follows :- £40.-S. C., Manager,"-with intent to " ULSTER BANK.-NO. 1. defraud the Guardians " Enniskillen, 14th January 7 1851. poor o of of the "We have received from the Lowtherstown union four pounds Lowtherstown union. In a "sterling, which is placed to the credit of their account with the second count the prisoner "Ulster Banking Company. was charged with the utterÂ" £40. " S. CLARK, Manager. ing and fishing the pub- " Entered.-A. H. Stockdale." receipt as true. At the trial it appeared that the prisoner was a poor-rate collector of the union, and that it was his duty, at the time laid in the indictment, to have lodged with the Ulster Banking Company, who were the Treasurers of the L. union, a sum of £40 to the credit of the union. The Bank furnished weekly to the clerk of the union an account of the sums lodged by the collectors, for which lodgment the clerk, in auditing their accounts, gave them credit. It was also proved that the sum actually lodged by the prisoner was only £4, but that he produced the receipt to the clerk of the union as a receipt for £40, alleging that he had lodged that sum in the Bank, and that the word " four" was put in the body of the receipt through the mistake of the Bank clerk. The jury found that the prisoner altered and uttered the receipt with intent to defraud the Guardians. Held, that the conviction was right, this being an accountable receipt within the meaning of the Act 39 G. 3, c. 63, and the prisoner having made the alteration in a material part, calculated to deceive the clerk of the union. * BLACKBURNE, C. J.; MONA.RAN, C. J.; TORRENS, J.; BALL, J.; JACKÂSON, J., and MooRE, J., presiding. VOL. 1. 81 L 642 COMMON LAW REPORTS...

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