Howard v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. Ned Howard was convicted of forgery in the second degree, and he appealed.
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Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. Ned Howard was convicted of forgery in the second degree, and he appealed. The indictment was in the following language: The grand jury of said county charge that, before the finding of this indictment, Ned Howard, with intent to injure or defraud, did falsely make, alter, forge, or counterfeit an instrument in writing, in words and figures substantially as follows: “Birmingham, Ala., Sept. 2, 1919. “Traders’ National Bank 61-10 of Birmingham, “Pay to the order of Cash $17.00 * * * Seventeen Dollars Only * * * dollars. “Will…
1Opinion of the CourtBricken, P. J.
This appeal is on the record proper, there being no bill of exceptions. The defendant was indicted, tried, and convicted for the offense of forgery in the second degree, and was given an indeterminate sentence in the penitentiary of not less than two years nor more than five years.
[1] It is first insisted that the indictment is not sufficient upon which to predicate the judgment of conviction, in that it fails to aver or charge who the defendant intended to injure or defraud. Pretermitting the fact that no objection by demurrer or otherwise was interposed to the indictment in the court below,…
2Cases cited11 opinions
- Horton v. StateSupreme Court of Alabama · 1875
- Jones v. StateSupreme Court of Alabama · 1874
- State v. UnderwoodSupreme Court of Alabama · 1841
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Denson v. StateSupreme Court of Alabama · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gooch v. StateSupreme Court of Alabama · 1947
- Floyd v. JacksonAlabama Court of Appeals · 1935
- Gooch v. StateAlabama Court of Appeals · 1947
- Hayes v. StateAlabama Court of Appeals · 1926
- Howard v. StateAlabama Court of Appeals · 1920