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State v. McLaughlin

Decided: November 8, 1957.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
FRANCIS JOSEPH MCLAUGHLIN AND HARRY F. DOWNES, DEFENDANTS-APPELLANTS



Clapp, Jayne and Hughes. The opinion of the court was delivered by Jayne, J.A.D.

Jayne

This appeal transports to us for appellate review the judgments rendered in conformity with the verdict of a jury convicting the above-named defendants of the commission on August 3, 1953 of the acts alleged in the second count of an indictment here referred to as No. 473, and also in a companion indictment designated as No. 474 presented against them by the grand jury of the County of Hudson.

It will suffice to present the prefatory information of the case in a summary fashion.

The second count of indictment No. 473 alleged that the defendants

"* * * willfully and unlawfully did falsify a certain certificate of an Extract of Birth Recording of the Board of Health and Vital Statistics of Hudson County, New Jersey, then and there being a part of the records of the said Board of Health and Vital Statistics of Hudson County, New Jersey, in that they, the said FRANCIS JOSEPH McLAUGHLIN, HARRY F. DOWNES and JOHN BROWN did falsely and maliciously purport to certify that one Ben M. Horwech, Registrar, and John J. MacDonald, Certifying Clerk, of the said Board of Health and Vital Statistics, did in fact certify that one Jose Antonio Fernandes was born on the fifteenth day of December in the year nineteen hundred fifteen at Jersey City, New Jersey, according to the records of the said Board of Health and Vital Statistics, under Index No. 9336, Volume No. 32, and that the father of the said Jose Antonio Fernandes was one Jose Batista Fernandes, and that the mother of the said Jose Antonio Fernandes was Dolinda Barbosa; the said FRANCIS JOSEPH McLAUGHLIN, HARRY F. DOWNES and JOHN BROWN then and there well knowing the same to be false, fraudulent and untrue, contrary to the provisions of N.J.S. 2 A:136-1, against the peace of this State, the Government and dignity of the same."

Indictment No. 474 averred that the defendants

"* * * feloniously did forge and counterfeit a certain paper writing purporting to be a certification of an Extract of Birth

Recording according to the records of the Board of Health and Vital Statistics of Hudson County, New Jersey, and to be signed by one John J. MacDonald, a certifying Clerk of the said Board of Health and Vital Statistics of Hudson County, New Jersey, and to be sealed, published and declared by one Ben M. Horwech, Registrar of the said Board aforesaid, and the said John J. MacDonald, as and for a true and lawful certificate of the said Board aforesaid, the tenor of which said forged and counterfeited Extract of Birth Recording is as follows, that is to say:

'B.H. 810-53

No. 2619

BOARD OF HEALTH AND VITAL STATISTICS OF HUDSON COUNTY, N.J.

2857 Boulevard, Jersey City 6, N.J.

Edward W. Greene

Clerk of Board

Ben M. Horwech

Registrar of Vital Statistics

EXTRACT OF BIRTH RECORDING

Issued at Jersey ...


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