Scully v. State
Supreme Court of Alabama
FROM tbe City Court of Mobile. Tried before tbe Hon. H. ChambeblaiN. The indictment in this case was found at tbe October term, 1863, of said city court, and contained two counts.
Read the full summary
FROM tbe City Court of Mobile. Tried before tbe Hon. H. ChambeblaiN. The indictment in this case was found at tbe October term, 1863, of said city court, and contained two counts. Tbe first count charged, that Daniel Scully and Timothy Cluny, “having in their possession a certain bill of exchange, whose tenor follows,” (setting out a bill for $2,000, dated at Wetumpka, August 18, 1863, drawn by W. T. Hatchett, on Baker, Lawler & Co., Mobile, and payable to A.B.Harwell or order,) “feloniously did falsely make, forge, and counterfeit, and cause and procure to be falsely made, forged, and…
1Opinion of the CourtStone, J.
Tbe second count of tbe indictment in this case is based on section 3165 of tbe Code, which reads as follows: “ Any person who utters and publishes as true, and with intent to defraud, any forged or counterfeit instrument, or writing, or any counterfeit gold, silver, or other coin, tbe forging or counterfeiting of which is declared by this article to be an offense, knowing sucb instrument, writing, or coin to be forged or counterfeited, must, on conviction, be adjudged guilty of forgery of sucb instrument, or writing, or of counterfeiting sucb coin; but, if it *245appear on tbe trial that tbe…
2Cases cited4 opinions
- People v. RathbunNew York Supreme Court · 1839
- Johnson v. StateSupreme Court of Alabama · 1850
- Cobia v. StateSupreme Court of Alabama · 1849
- Bishop v. StateSupreme Court of Alabama · 1857
3Cited by5 opinions
- Diggs v. StateSupreme Court of Alabama · 1873
- Hoss v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- Weaver v. StateAlabama Court of Appeals · 1911
- Hart v. Bray & Bros.Supreme Court of Alabama · 1874
- Brooks v. MartinSupreme Court of Alabama · 1869