Legal Opinion

Elmore v. State

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 16 opinions

From the Circuit Court of -Bullock. Tried before the Hon. Jesse M. Carmichael. cited State v. Murphy, 6 Ala. 845; State v. Newman, 7 Ala. 69; Winter v. Seisson, 20 Ala. 39; Mose v. State, 36 Ala. 211; Joe v. State, 38 Ala. 422; Turberville v. State, 40 Ala. 715; Buehannan v. State, 55 Ala. 154; MoAdory v. State, 62 Ala. 154. cited Lundy v. State, 91 Ala. 10Ó; Whatley v. State, 91 Ala. 108; L. <& N. R. R. Go. v. Hall, 87 Ala. 708; McKleroy v. State, 77 Ala. 95; Gooden v.…

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From the Circuit Court of -Bullock. Tried before the Hon. Jesse M. Carmichael. cited State v. Murphy, 6 Ala. 845; State v. Newman, 7 Ala. 69; Winter v. Seisson, 20 Ala. 39; Mose v. State, 36 Ala. 211; Joe v. State, 38 Ala. 422; Turberville v. State, 40 Ala. 715; Buehannan v. State, 55 Ala. 154; MoAdory v. State, 62 Ala. 154. cited Lundy v. State, 91 Ala. 10Ó; Whatley v. State, 91 Ala. 108; L. <& N. R. R. Go. v. Hall, 87 Ala. 708; McKleroy v. State, 77 Ala. 95; Gooden v. State, 55 Ala. 176.

1Opinion of the Court

McOLELLAN, J

The indictment charges - that “Nep Elmore, with intent to injure or defraud, did falsely make, alter, forge or counterfeit” an instrument in writing, which is set out. There was evidence from which the jury might have reached the conclusion that, while defendant did not himself write the instrument, he did procure another to write it, and uttered it as genuine. This would have supported the indictment, and the first charge requested for the defendant, to the effect that the jury should acquit the defendant, unless they believed beyond a reasonable doubt that he wrote the paper,…

2Cases cited5 opinions

  1. McAdory v. StateSupreme Court of Alabama · 1878
  2. State v. MurphySupreme Court of Alabama · 1844
  3. Gooden v. StateSupreme Court of Alabama · 1876
  4. State v. NewmanSupreme Court of Alabama · 1844
  5. Winter v. StateSupreme Court of Alabama · 1852

3Cited by16 opinions

  1. Daniels v. StateSupreme Court of Alabama · 1943
  2. Lewis v. StateSupreme Court of Alabama · 1892
  3. Shikles v. StateAlabama Court of Appeals · 1944
  4. Koch v. StateSupreme Court of Alabama · 1896
  5. Miller v. StateSupreme Court of Alabama · 1895

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