Jones v. State
Supreme Court of Alabama
From the Criminal Court of Dallas. Tried before the Hon. Geo. H. Craig. The indictment in this case, omitting the heading, &c., was in these words: “The grand jury of said county charge, that, before the finding of this indictment, Paul Jones forged an order for money, in words and substance as follows: ‘ Selma, Ala., Nov. 14, ’72. Pa, please send me ($5.00) five dollars. Walter Sinks,’ with intend to defraud; against the peace,” &c.
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From the Criminal Court of Dallas. Tried before the Hon. Geo. H. Craig. The indictment in this case, omitting the heading, &c., was in these words: “The grand jury of said county charge, that, before the finding of this indictment, Paul Jones forged an order for money, in words and substance as follows: ‘ Selma, Ala., Nov. 14, ’72. Pa, please send me ($5.00) five dollars. Walter Sinks,’ with intend to defraud; against the peace,” &c. The defendant demurred to the indictment, and assigned the following causes of demurrer: “ 1st, no offence charged against any statute; 2d, not good as a common…
1Opinion of the CourtBrickell, J.
The Code does not furnish a form of indictment for the offence of forging an instrument in writing. It is permissible, when such form is not furnished, to pursue a form analogous to those prescribed. R. C. § 4141. The form adopted in this case is analogous to the precedents furnished, and in ordinary and concise language states the offence charged, so that the accused. can fully understand what it is he is required to answer, and on conviction the court would readily perceive the judgment the law required to be pronounced. It was not necessary to resort to the common-law form of indictment,…
2Cited by23 opinions
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- Horton v. StateSupreme Court of Alabama · 1875
- Rembert v. StateSupreme Court of Alabama · 1875
- Hobbs v. StateSupreme Court of Alabama · 1883
- Wyatt v. StateSupreme Court of Alabama · 1952
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