Benson v. State
Supreme Court of Alabama
Appeal from City Court of Mpntomery. Tried before Hon. A. D. Saybe.' Tlie defendant was convicted and sentenced to the penitentiary, for forgery.
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Appeal from City Court of Mpntomery. Tried before Hon. A. D. Saybe.' Tlie defendant was convicted and sentenced to the penitentiary, for forgery. He sued out the writ of habeas corpus to test the validity of the judgment of conviction. ' His contention was that' the indictment agdinst him was for forgery in the first degree and that the verdict ivas “guilty as charged in the indictment!7 and the sentence was for only thirty months, when the lowest sentence in first degree forgéry is ten years. The indictment charged forgery of a bank check drawn on tlie Farley National Bank, but did not…
1Opinion of the CourtSi-Iabpe, J.
— Without an averment that “The Farley National Bank-of Montgomery, Ala.,” the draAvee of the forged check, was an “incorporated bank.or banking company” the indictment under which the petitioner Avas convicted charged forgery only in the second degree. Code § § 4719, 4720.
The fact of the draAvee bank’s incorporation being a necessary element in the higher degree of forgery the lade of its averment is not supplied by a mere presumption of its corporate existence arising from the name used to designate the draAvee, since such presumption, if any exists, is not a conclusive one.
On the…
2Cases cited1 opinion
- Kirby v. StateSupreme Court of Alabama · 1878
3Cited by9 opinions
- Howard v. City of BessemerAlabama Court of Appeals · 1959
- Williams v. StateSupreme Court of Alabama · 1899
- Christison v. StateAlabama Court of Appeals · 1960
- Deaver v. StateAlabama Court of Appeals · 1931
- Overby v. StateAlabama Court of Appeals · 1931
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