Gilbert v. United States,
Annotate this Case
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
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.