McGee v. State

This court’s opinion dated January 22, 1985, is withdrawn and the following opinion is substituted as the opinion of this court.

This appellant, Glen Allen McGee, was convicted on a jury trial on a count of an indictment charging that he “did, with intent to defraud, possess or utter a forged instrument,” consisting of a check dated February 23, 1983, that purported to be signed by James 0. Counts and made payable to the order of Billy Jackson, “having knowledge that said instrument was forged, in violation of Section 13A-9-6 of the Code of Alabama.” After due notice had been given by the…