Gardner v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Pike. Tried before tbe Hon. JOHN P. Hubbabj>. Tbe indictment in tbis case charged that tbe defendant, Zack Gardner, “with intent to injure or defraud, did falsely make, alter, or forge an instrument in writing in words and figures substantially as follows: ‘Nov. 24, 1891. Mr. Frank Toungblood please oblige me now and I will pay soon as I come to town. Let Jim Jones bave as much as ten dollars dear Sir and it. Oblige me.
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Appeal from tbe Circuit Court of Pike. Tried before tbe Hon. JOHN P. Hubbabj>. Tbe indictment in tbis case charged that tbe defendant, Zack Gardner, “with intent to injure or defraud, did falsely make, alter, or forge an instrument in writing in words and figures substantially as follows: ‘Nov. 24, 1891. Mr. Frank Toungblood please oblige me now and I will pay soon as I come to town. Let Jim Jones bave as much as ten dollars dear Sir and it. Oblige me. Gabe King and give bim a bill for mon-rey.’ ” Tbe bill of exception recites: “Tbe State introduced tbe alleged forged instrument in evidence;…
1Opinion of the CourtColeman, J.
The defendant was convicted of the offense of forgery, and sentenced to the penitentiary. The first exception reserved is as to the admission in evidence of the instrument charged to have been forged, upon the grounds that there is a variance between the instrument and that described in the indictment. The bill of exceptions does not pretend to set out the instrument itself, either in verba, or substantially.
A paper writing attached to the record, when there is no reference to it in the bill of exceptions by which it may be identified as the instrument introduced in evidence, and no order of…
2Cases cited13 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Ford v. StateSupreme Court of Alabama · 1882
- McAllister v. StateSupreme Court of Alabama · 1850
- McLean v. StateSupreme Court of Alabama · 1849
- Hobbs v. StateSupreme Court of Alabama · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Underwood v. StateSupreme Court of Alabama · 1939
- Southern Ry. Co. v. LeardSupreme Court of Alabama · 1905
- Cannon v. ScarboroughSupreme Court of Alabama · 1931
- Hamilton v. StateSupreme Court of Alabama · 1967
7 more not listed; retrieve them via the Exa API.