Murphy v. State
Supreme Court of Alabama
Appeal from the Circuit Court-of Lee. Tried before the Hon. J. M. Carmichael. The appellant, John P. Murphy, was indicted and tried for forgery, and was convicted of forgery in the third degree. The instrument alleged to be forged was a decree of' the Chancery Court of Russell county, granting a divorce to M. V. Askew in the case of M. Y. Askew v. Thomas Askew. The facts of the case are sufficiently stated in the opinion.
Read the full summary
Appeal from the Circuit Court-of Lee. Tried before the Hon. J. M. Carmichael. The appellant, John P. Murphy, was indicted and tried for forgery, and was convicted of forgery in the third degree. The instrument alleged to be forged was a decree of' the Chancery Court of Russell county, granting a divorce to M. V. Askew in the case of M. Y. Askew v. Thomas Askew. The facts of the case are sufficiently stated in the opinion. The defendant, if guilty of forgery at all, would 'have been guilty of forgery at common law. — Dixon v. State, 81 Ala. 61; Remit ert v. State, 53 Ala. 467; Dolls v. State,…
1Opinion of the CourtHaralson, J.
It is not disputed by counsel for defendant that the paper alleged to have been forged is not within the statutory definition of forgery in the first or second degree, and that if any offense was committed, it is forgery in the third degree, under section 4726 of the Code of 1896. The contention is, that to be forgery under this section, it must be forgery at common law, and that defendant cannot be.found guilty thereof under the evidence. This court has approved as comprehensive and precise the definition of forgery given by Mr. Bishop: “Forgery is the false making, or materially altering,…
2Cases cited2 opinions
- Rembert v. StateSupreme Court of Alabama · 1875
- Dixon v. StateSupreme Court of Alabama · 1886
3Cited by13 opinions
- Powell v. StateAlabama Court of Appeals · 1912
- Everage v. StateAlabama Court of Appeals · 1916
- Earnest v. StateAlabama Court of Appeals · 1959
- De Graffenried v. StateAlabama Court of Appeals · 1938
- Dudley v. StateAlabama Court of Appeals · 1914
8 more not listed; retrieve them via the Exa API.