Glenn v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, Edward Glenn, alias Ed Glenn, alias Obe Glenn, alias Ade Glenn, with intent to defraud, did falsely make or forge an instrument in writing, purporting to be the act of one Aus.
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Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, Edward Glenn, alias Ed Glenn, alias Obe Glenn, alias Ade Glenn, with intent to defraud, did falsely make or forge an instrument in writing, purporting to be the act of one Aus. Pea, in words and figures substantially as follows, to-wit: ‘Mr. Jones,’ meaning thereby Wm. W. Jones, ‘please let this man have a two dollar check on 57 East Side.’ — ‘Aus Pea,’…
1Opinion of the Court
COLEMAN, J. —
The defendant was indicted for the offense of forgery. The principal question in the case was raised by a demurrer to the indictment, based upon the ground, that the instrument showed upon its face, that it created no liability, and could not be the subject of forgery.
In the case of Rembert v. The State, 53 Ala. 467, itwas declared, “that the general rule, that if the instrument is void on its face, it is not the subject of forgery, must be taken with this limitation : where the instrument does not appear to have any legal validity, or show that another might be injured by it,…
2Cases cited3 opinions
- Rembert v. StateSupreme Court of Alabama · 1875
- Fomby v. StateSupreme Court of Alabama · 1888
- Lampkin v. StateSupreme Court of Alabama · 1894
3Cited by2 opinions
- Dudley v. StateAlabama Court of Appeals · 1914
- Harris v. StateSupreme Court of Alabama · 1897