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

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

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. 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. 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. 655-659.

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