Nicholson v. State
Supreme Court of Alabama
Error to the Circuit Court of DeKalb. Tried before the Hon. Thos. A. Walker. The defendant was indicted for uttering and publishing as true a counterfeit half dollar, and being convicted, moved in arrest of judgment, for defects apparent upon the face of the indictment, which motion was overruled by the court-below, and certified to this court as novel and difficult. 1. The indictment was good, and the motion in arrest of judgment should have been refused.
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Error to the Circuit Court of DeKalb. Tried before the Hon. Thos. A. Walker. The defendant was indicted for uttering and publishing as true a counterfeit half dollar, and being convicted, moved in arrest of judgment, for defects apparent upon the face of the indictment, which motion was overruled by the court-below, and certified to this court as novel and difficult. 1. The indictment was good, and the motion in arrest of judgment should have been refused. The fact that the words “to inquire for the body of DeKalb county,” were omitted in the indictment, do not vitiate it. — The State v.…
1Opinion of the CourtParsons, J.
The motion to arrest the judgment was overruled, but the judge reserved several questions, as novel and difficult, relative to the sufficiency of the indictment, for the revision of this court, according to the act. — Clay’s Dig. 469, § 1. There was a bill of exceptions in the case, but as there was no writ of error, we are confined to the questions reserved and relered to us as novel and difficult.
The plaintiff in error was indicted upon the 4th chapter of the penal code, §§ 45-9, for having uttered and published as true a counterfeit half dollar of the similitude of the current coin. It is…
2Cited by2 opinions
- State v. KellyOregon Supreme Court · 1902
- In re Estate of FelmanMontgomery County Probate Court · 1933