Sanford v. State
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Jim Sanford ivas convicted of forgery and be appeals. Tbe indictment was subject to demurrer, and tbe court ivas also in error in admitting the note under tbe indictment. — Agee v. State, 113 Ala. 52; Butler v. State, 22 Ala. 43; McClellan v. State, 121 Ala. 18. On these authorities, tbe court should have given appellants tbe affirmative charge.
Read the full summary
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Jim Sanford ivas convicted of forgery and be appeals. Tbe indictment was subject to demurrer, and tbe court ivas also in error in admitting the note under tbe indictment. — Agee v. State, 113 Ala. 52; Butler v. State, 22 Ala. 43; McClellan v. State, 121 Ala. 18. On these authorities, tbe court should have given appellants tbe affirmative charge. Tbe indictment charged tbe offense in tbe conjunctive, and tbe conjunctive averment should have been proven before a conviction could be bad. — So. By. v. Burgess, 42 South. 235;…
1Opinion of the CourtThomas, J.
The defendant was charged with forging the name of J. S. Bolton, as the joint maker with himself, to a certain promissory note; and the contention is here made in brief of appellant’s counsel that there is a variance between the indictment and the proof offered under it in that the note offered in evidence bears the name of J. T. Bolton, as such joint maker, instead of the name J. S. Bolton, as charged. We cannot so agree. The return to the writ of certiorari ordered by us brings the original note here for our inspection, and we are convinced, after a careful examination of it by each member…
2Cases cited7 opinions
- Cheek v. StateSupreme Court of Alabama · 1862
- Sampson v. StateSupreme Court of Alabama · 1894
- Mooney v. StateSupreme Court of Alabama · 1845
- Richardson v. StateSupreme Court of Alabama · 1875
- Ward v. StateSupreme Court of Alabama · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Griffin v. United StatesSupreme Court of the United States · 1991
- State v. DingmanIdaho Supreme Court · 1923
- Hill v. StateAlabama Court of Appeals · 1956
- Rash v. StateAlabama Court of Appeals · 1915
- Griffin v. United StatesSupreme Court of the United States · 1991
2 more not listed; retrieve them via the Exa API.