McGuire v. State
Supreme Court of Alabama
FROM the City Court' of Mobile. Tried before the Hon. Alex. McKjNSTry. The indictment in this case was in these words : “ The grand jury of said county charge, that, before the finding of this indictment, John McGuire forged'an instrument of writing, purporting to be an order, drawn by Sister Adeline, on George Battiste, for nine dollars, with intent to defraud.
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FROM the City Court' of Mobile. Tried before the Hon. Alex. McKjNSTry. The indictment in this case was in these words : “ The grand jury of said county charge, that, before the finding of this indictment, John McGuire forged'an instrument of writing, purporting to be an order, drawn by Sister Adeline, on George Battiste, for nine dollars, with intent to defraud. The grand jurors further charge, that John McGuire forged an' order for -money, in words and substance as follows : ‘ Mr. George Battiste will jilease pay to Mr. McGuire nine dollars, 'by- order of Sister Adeline,’ with intent to…
1Opinion of the CourtStone, J.
The oath administered -to -the jury in this case was sufficient. — Crist v. The State, 21 Ala. 137 ; Pile v. The State, 5 Ala. 72.
[2.] The indictment concludes,- “ ágáinst the peace anS dignity of the State tof Alabama,” and that is sufficient. Const. Ala., art. 5, sec. 17.
[3-4.j Each count-fe4he indictment is sufficient. — Code, 31-58-65; Code, 703.
[5.1 Thete is -no evidence in the record that Sister Ads-*164line, was a fictitious person; and Therefore, the first charge . asked was abstract, so far as we can discover. There was no error in refusing it.
[6.] The second; charge asked, should mot…
2Cases cited3 opinions
- Crist v. StateSupreme Court of Alabama · 1852
- Thompson v. StateSupreme Court of Alabama · 1857
- State v. PileSupreme Court of Alabama · 1843
3Cited by15 opinions
- Garner v. StateSupreme Court of Florida · 1891
- Lewis v. StateSupreme Court of Alabama · 1874
- Harrison v. StateSupreme Court of Alabama · 1906
- Mitchell v. StateSupreme Court of Alabama · 1877
- Starling v. StateMississippi Supreme Court · 1907
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