Manaway v. State
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. M. J. Saeeold. The appellant, Manaway, was indicted under § 3702 of the Bevised Code for falsely and fraudulently forging a certificate for the payment of money, purporting to be one* made, by a- partnership association, composed of J. Cb Moses, F. H. Fowler and E. Bebee, authorized by an act' of the legislature, approved December 31st, 1868, with the intent to defraud, &c.
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Appeal from Circuit Court of Dallas. Tried before Hon. M. J. Saeeold. The appellant, Manaway, was indicted under § 3702 of the Bevised Code for falsely and fraudulently forging a certificate for the payment of money, purporting to be one* made, by a- partnership association, composed of J. Cb Moses, F. H. Fowler and E. Bebee, authorized by an act' of the legislature, approved December 31st, 1868, with the intent to defraud, &c. The defendant went to trial on the; indictment, on plea of “ not guiltywas found guilty and sentenced to two years imprisonment in the penitentiary. On the trial, as…
1Opinion of the CourtB. E. Saeeold, J.
The motion to exclude the testimony of the witness, Stone, was properly overruled. The witness was competent to prove his authority to issue the certificates. — Phil. Ev., vol. 1, §416, 2 vol. §63. His want of knowledge of the defendant’s handwriting was no objection to the admissibility of his evidence.
The instrument alleged to be forged was obliged to be introduced at the trial, or its absence satisfactorily accounted for. — Bishop’s Crim. Pro., 2 vol., § 387; Butler v. The State, 30 Ala. 43. The genuine tickets taken from the prisoner at same time were a part of the res gestee, and…
2Cases cited4 opinions
- Mason & Franklin v. StateSupreme Court of Alabama · 1868
- Huffman v. StateSupreme Court of Alabama · 1889
- State v. GivensSupreme Court of Alabama · 1843
- Ex parte HowardSupreme Court of Alabama · 1857
3Cited by6 opinions
- State v. LowryWest Virginia Supreme Court · 1896
- State v. SmallSupreme Court of Missouri · 1926
- Bobbitt, Alias Bledsoe v. StateCourt of Criminal Appeals of Texas · 1910
- Threadgill v. StateSupreme Court of Florida · 1918
- Clay v. StateCourt of Criminal Appeals of Alabama · 1975
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