Durr v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. James Q,. Smith. The indictment in this case was found by the grand jury of Autauga county, on the 23d day of October, 1877. It was in the following words and figures, viz: “ The grand jury of said county charge that, before the finding of this indictment, John W. Durr caused, or procured to be made, written, signed, or countersigned, without authority of law, a certain paper in words and figures as follows,…
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Appeal from the Circuit Court of Autauga. Tried before the Hon. James Q,. Smith. The indictment in this case was found by the grand jury of Autauga county, on the 23d day of October, 1877. It was in the following words and figures, viz: “ The grand jury of said county charge that, before the finding of this indictment, John W. Durr caused, or procured to be made, written, signed, or countersigned, without authority of law, a certain paper in words and figures as follows, to-wit: “Which said paper was caused or procured to be made, emitted, signed, or countersigned as aforesaid, for the…
1Opinion of the CourtBrickell, C. J.
— The indictment is founded on the .statute (Code of 1876, § 4433), which prohibits the making, ■emission, &c., without authority of law, of any paper to answer the purposes of money, or for general circulation. The original statute, from which this section of the Code was taken, was enacted as part of the Penal Code of 1841. Clay’s Dig. 435-6. But a short time prior to its enactment, the Supreme Court of the United States had decided, and the decision had been followed by this court, that banking in this State, in all its ramifications, was a common law right belonging to the citizen,…
2Cases cited3 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Barnett v. StateSupreme Court of Alabama · 1875
- Nance v. HemphillSupreme Court of Alabama · 1840
3Cited by2 opinions
- Tabler, Crudup & Co. v. Sheffiield Land, Iron & Coal Co.Supreme Court of Alabama · 1885
- State v. MoranMontana Supreme Court · 1919