Legal Opinion

Nalley v. State

Court of Appeals of Georgia

Decided April 2, 1912No. 4018PublishedCited by 14 opinions

Indictment for forgery; from Paulding superior court — Judge Price Edwards. December 15, 1911. The accused was indicted for altering and publishing as true an answer to a summons of garnishment. The facts alleged in the indictment were as follows: In a suit pending in a justice’s court, summons of garnishment wae issued and served, and the garnishee filed an answer, admitting indebtedness in a named sum.

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Indictment for forgery; from Paulding superior court — Judge Price Edwards. December 15, 1911. The accused was indicted for altering and publishing as true an answer to a summons of garnishment. The facts alleged in the indictment were as follows: In a suit pending in a justice’s court, summons of garnishment wae issued and served, and the garnishee filed an answer, admitting indebtedness in a named sum. While the answer was on file, the accused, who was attorney at law for another creditor of the defendant, had summons of garnishment issued by the magistrate of another district and served…

1Opinion of the CourtPottle, J.

1. An abstract of the indictment is set forth above. It was framed under the act of 1907, found in § 245 of the Penal Code of 1910. It charged the offense substantially in the language of that section, and was not subject to general demurrer. It has been directly ruled by the Supreme Court several times that forgery and uttering the forged paper 'may be joined in one count in the *17same indictment. Thomas v. State, 59 Ga. 784; Lascelles v. State, 90 Ga. 347 (4) (16 S. E. 945, 35 Am. St. R. 216). See, also, Heath v. State, 91 Ga. 126 (16 S. E. 657), and Hale v. State, 120 Ga. 183 (47 S. E. 531).…

2Cases cited12 opinions

  1. Farmer v. StateSupreme Court of Georgia · 1896
  2. Lascelles v. StateSupreme Court of Georgia · 1892
  3. Jones v. PopeCourt of Appeals of Georgia · 1910
  4. Shippen Bros. Lumber Co. v. GatesSupreme Court of Georgia · 1911
  5. Thomas v. StateSupreme Court of Georgia · 1877

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. James Burston v. E. B. Caldwell, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1975
  2. Feldschneider v. StateCourt of Appeals of Georgia · 1972
  3. Douberly v. StateSupreme Court of Georgia · 1937
  4. Johnson v. StateCourt of Appeals of Georgia · 1947
  5. Bell v. StateCourt of Appeals of Georgia · 1915

9 more not listed; retrieve them via the Exa API.

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