Crump v. State

HARWOOD, Judge.

This appellant was indicted for and by a jury found guilty of forgery in the second degree.

The appellant filed demurrers to the indictment, which were overruled by the court. The indictment was substantially in form prescribed by Form 64, Section 259, Title 15, Code of Alabama 1940, except that it contained the phrase “Knowing the same to be so altered or forged” immediately following the note which had been substantially set out. Such phrase did not render the indictment defective, and should be considered merely as surplusage, possibly affecting the proof of the charge, but…