Overby v. State

The indictment was in Code form (Code 1923, § 4556, subsec. 62), and, under the decision in Benson v. State, 124 Ala. 92, 27 So. 1, the indictment charged forgery in the second degree, and the verdict responded to the charge. The demurrer to the indictment was properly overruled.

The state claimed and undertook to prove that the name signed to the cheek and also the payee were fictitious persons. In making this proof, evidence as to the result of inquiries made for the persons whose names appear on the cheek is admissible to show their nonexistence, although the persons making the inquiries…