Washington v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Tried before Hon. Samuel L. Weaver. The appellant, Frank Washington, was tried upon an indictment charging him with the forgery of the name of the Hunter Brick Company, a partnership composed of John W. Hunter, William H. Merritt and James H. Hunter, to an order for certain merchandise.
Read the full summary
Appeal from Jefferson Criminal Court. Tried before Hon. Samuel L. Weaver. The appellant, Frank Washington, was tried upon an indictment charging him with the forgery of the name of the Hunter Brick Company, a partnership composed of John W. Hunter, William H. Merritt and James H. Hunter, to an order for certain merchandise. The defendant first plead former jeopardy, setting up in his plea a former indictment, which differed from the present one, in that therein the Hunter Brick Company was alleged to be a partnership composed of J. W. Hunter and W. H. Merritt only. The plea further set up an…
1Opinion of the CourtSimpson, J.
The matter of former jeopardy is not properly presented for consideration, bnt, as the case will have to be tried again, we call attention to .the fact that the minute entry of the court, which is set out in the plea of former peopardy (which was stricken out), does not show that the defendant refused to allow the indictment “To be amended.” If the record here is a correct transcript of the original record, the order of the court- was not in accordance with the statute.
There was no error in sustaining the objections 1, 2 and 3 to the questions by defendant, as the matters inquired of were…
2Cases cited4 opinions
- Karr v. StateSupreme Court of Alabama · 1894
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Williams v. StateSupreme Court of Alabama · 1878
- McCaskle v. AmarineSupreme Court of Alabama · 1847
3Cited by4 opinions
- Cox v. StateSupreme Court of Alabama · 1909
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Ex Parte WilliamsSupreme Court of Alabama · 1924