Bartlett v. State
Alabama Court of Appeals
Appeal- from Limestone Circuit Court. - Heard before Hon. D. W. Speaks. Will Bartlett Avas convicted of forgery, and he appeals. There Avas a fatal variance betAveen the instrument offered and that set .out in the indictment. — Leith v. State, 312 Ala. 26; Agee’s Case, 113 Ala. 52. The state failed to make out a case as charged against defendant. — 53 S. W. 864; 27 S. W. 816; 48 Pac. 1024; 56 Pac. 750; 2 East.
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Appeal- from Limestone Circuit Court. - Heard before Hon. D. W. Speaks. Will Bartlett Avas convicted of forgery, and he appeals. There Avas a fatal variance betAveen the instrument offered and that set .out in the indictment. — Leith v. State, 312 Ala. 26; Agee’s Case, 113 Ala. 52. The state failed to make out a case as charged against defendant. — 53 S. W. 864; 27 S. W. 816; 48 Pac. 1024; 56 Pac. 750; 2 East. P. C. 996. The evidence does not show forgery. —Remhert v. State, 53 Ala. 467; 37 N. E. 1040; Williams v. State, 126 Ala. 50. There was no material variance between the instrument and…
1Opinion of the CourtThomas, J.
The defendant Avas charged in Code form Avith forging the name of A. Bartlett by indorsing it on the following check: “No. 66490. Memphis, Tenn., December -2, 19-. Pay to the order of A. Bartlett $20.00 twenty dollars. To Security Bank & Trust Co., Memphis, Tenn. S. T. Beer, Cashier, by Consolidated Film & Supply Co.” The instrument intro-, duced by the state in support of the charge, over the objection and exception of defendant, made on the ground of a variance, Avas as MIoavs: “No 00490. ' Memphis, Tenn., Dec. 3, 1911. Pay to the order of A. Bartlett *250$20.00 twenty dollars. S. T. Beer,…
2Cases cited5 opinions
- Rembert v. StateSupreme Court of Alabama · 1875
- Butler v. StateSupreme Court of Alabama · 1853
- Denson v. StateSupreme Court of Alabama · 1898
- McClerkin v. StateSupreme Court of Alabama · 1894
- Hurst v. StateAlabama Court of Appeals · 1911
3Cited by4 opinions
- Beck v. StateCourt of Criminal Appeals of Alabama · 1978
- Dailey v. StateCourt of Criminal Appeals of Alabama · 1979
- Overby v. StateAlabama Court of Appeals · 1931
- Jones v. StateCourt of Criminal Appeals of Alabama · 1979