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GILBERT V. UNITED STATES, 370 U. S. 650 (1962)

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U.S. Supreme Court

Gilbert v. United States, 370 U.S. 650 (1962)

Gilbert v. United States

No. 478

Argued April 10, 1962

Decided June 25, 1962

370 U.S. 650


One who endorses a government check by signing the name of the payee and then his own, as agent, when in fact he has no such authority, is not thereby guilty of forgery under 18 U.S.C. § 495. Pp. 370 U. S. 650-659.

(a) On the record in this case, including the judge's instructions, the jury's verdict of guilty might have been based on a finding that petitioner had purported to make an agency endorsement. Pp. 370 U. S. 653-655.

(b) The word "forges" in § 495 was intended to have its common law meaning, and it does not include a purported but unauthorized agency endorsement. Pp. 370 U. S. 655-659.

291 F.2d 586, judgment vacated and cause remanded.

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