Gustin v. State
Alabama Court of Appeals
Appeal from'Circuit Court, Etowah County; Woodson J. Martin, Judge. J. Y. Gustin was convicted of uttering a check with intent to defraud, and appeals.
Read the full summary
Appeal from'Circuit Court, Etowah County; Woodson J. Martin, Judge. J. Y. Gustin was convicted of uttering a check with intent to defraud, and appeals. The indictment is as follows: “The grand jury of said county charges that before the finding of this indictment J. Y. Gustin whose Christian name is to the grand jury unknown, with intent to defraud, did make, draw, utter or deliver a check or draft in favor of Gadsden Wholesale Drug Company, a corporation, on the Gadsden National Bank, a corporation, which check or draft is in words and figures as follows: “ ‘No.- Gadsden, Ala., 2/5, 1921. “…
1Opinion of the CourtFoster, J.
The indictment conforms substantially to the act of the Legislature of Alabama, approved August 31, 1915:
“To prohibit the obtaining of money, property,, or thing of value, or the making, uttering or delivery of any check, draft, or order in payment of any obligation, with intent to defraud,” etc. Acts 1915, p. 319.
The.indictment was returned into court on April 23, 1921. On August 21, 1922, the defendant filed a motion to quash the indictment, averring as a ground therefor that the statute under which the indictment was 'found had been expressly repealed by an act of the Legislature of…
2Cases cited8 opinions
- Herr v. SeymourSupreme Court of Alabama · 1884
- Abernathy v. StateSupreme Court of Alabama · 1885
- Miller v. StateSupreme Court of Alabama · 1866
- Johnson v. StateSupreme Court of Alabama · 1921
- Moore v. StateSupreme Court of Alabama · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Goolsby v. StateSupreme Court of Alabama · 1925
- Woodard v. StateAlabama Court of Appeals · 1941
- Goolsby v. StateAlabama Court of Appeals · 1925
- Gustin v. StateAlabama Court of Appeals · 1924