Nelson v. State
Supreme Court of Alabama
Prom tlie Circuit Court of Marengo. Tried before ¥i. H. Tayloe, an attorney of the court, selected under tlie statute (Code, § 664), on account of the disqualification of the presiding judge. The indictment in this case, in its first count, charged that the defendant, Lymas Nelson, “falsely and with the intent to injure or defraud, did alter, forge or counterfeit an instrument in writing, which is in words and figures as follows : ‘Due 8.50 c.
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Prom tlie Circuit Court of Marengo. Tried before ¥i. H. Tayloe, an attorney of the court, selected under tlie statute (Code, § 664), on account of the disqualification of the presiding judge. The indictment in this case, in its first count, charged that the defendant, Lymas Nelson, “falsely and with the intent to injure or defraud, did alter, forge or counterfeit an instrument in writing, which is in words and figures as follows : ‘Due 8.50 c. J. D.f meaning thereby that the sum of $8.50 was due the bearer of said instrument, as change, from the mercantile firm of Mayer Brothers, a firm…
1Opinion of the CourtStone, C. J.
— There can be no doubt that the instrument alleged to have been forged, coupled with sufficient explanatory averments of fact, -may be the subject of forgery.- — Rembert v. State, 53 Ala. 467; Hobbs v. State, 75 Ala. 1; 1 Bish. Cr. Law (7th ed.), § 523; 1 Whar. Cr. Law, § 680; Dixon v. State, 1 So. Rep. 69; s. c., 81 Ala. 61. The averments in the first count in the indictment are sufficient to constitute the false making of such instrument forgery, if done with ihtent to defraud. We need not inquire as to the other counts. The indictment is sufficient. In fact, we do not understand this to…
2Cases cited4 opinions
- Rembert v. StateSupreme Court of Alabama · 1875
- Hobbs v. StateSupreme Court of Alabama · 1883
- Dixon v. StateSupreme Court of Alabama · 1886
- Barnett v. StateSupreme Court of Alabama · 1875
3Cited by3 opinions
- Brazil v. StateSupreme Court of Georgia · 1903
- Williams v. StateSupreme Court of Alabama · 1899
- Auerbach v. PritchettSupreme Court of Alabama · 1877