Legal Opinion

State v. Givens

Supreme Court of Alabama

Decided June 15, 1843PublishedCited by 16 opinions

The defendant was indicted in the circuit court of Benton, for forgery. The first count charges, that he « feloniously did falsely make, forge and counterfeit, and did cause and procure to be falsely made, forged and counterfeited, and did willingly aid and assist in the false making, forging and counterfeiting, a certain promissory note, which said false, forged and counterfeited * promissory note is as follows, that is to say — 1 $1000. Benton county, 1st May, 1841. Ten…

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The defendant was indicted in the circuit court of Benton, for forgery. The first count charges, that he « feloniously did falsely make, forge and counterfeit, and did cause and procure to be falsely made, forged and counterfeited, and did willingly aid and assist in the false making, forging and counterfeiting, a certain promissory note, which said false, forged and counterfeited * promissory note is as follows, that is to say — 1 $1000. Benton county, 1st May, 1841. Ten months after date, we promise to pay to the cashier of the Branch of the Bank of the State of Alabama, at Montgomery, or…

1Opinion of the CourtCollier, C. J.

It is laid down generally, as a rule, in the law of evidence, that it is not allowable to prove the hand-writing of a party by a mere comparison of the disputed paper, with a writing admitted or proved to be genuine. A witness required to testify upon the subject, must possess a previous knowledge, acquired by having seen the party write, or in some other legal manner. This rule has been relaxed where the writings are so ancient that they cannot be proved by living witnesses, and yet are not of such antiquity as to prove themselves. [See Greenl. on Ev. 611 to 616; 2 Starkie on Ev. 375, 6th…

2Cases cited1 opinion

  1. M'Corkle v. BinnsSupreme Court of Pennsylvania · 1812

3Cited by16 opinions

  1. Snider v. BurksSupreme Court of Alabama · 1887
  2. Jackson v. StateSupreme Court of Alabama · 1883
  3. Bishop v. StateSupreme Court of Alabama · 1857
  4. Williams v. StateSupreme Court of Alabama · 1878
  5. Williams v. StateSupreme Court of Alabama · 1899

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