Johnson v. State
Supreme Court of Alabama
From the Circuit Court of Montgomery. Tried before tbe Hon. John Gill Shorter. The first count in the indictment in this case, on which tbe trial was had, charged that the prisoner, Abraham Johnson, “ forged 'or eounterteited an instrument purporting to be a bank-bill for fifty dollars, purporting to be issued by tbe Georgia Railroad and Banking Company, an incorporated bank of the State of Georgia, with intent to defraud,” &c.
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From the Circuit Court of Montgomery. Tried before tbe Hon. John Gill Shorter. The first count in the indictment in this case, on which tbe trial was had, charged that the prisoner, Abraham Johnson, “ forged 'or eounterteited an instrument purporting to be a bank-bill for fifty dollars, purporting to be issued by tbe Georgia Railroad and Banking Company, an incorporated bank of the State of Georgia, with intent to defraud,” &c. A demurrer was interposed by the prisoner to this count, (specifications of the grounds of demurrer being waived,) but was overruled by tbe court; and the prisoner…
1Opinion of the CourtA. J. Walker, C. J.
The first count of the indictment is in exact conformity to the form prescribed by the Code, in the description ancl statement of the name of the corporation by which the bank-bill, alleged to have been forged or counterfeited, purported to have been issued. — Code, p. 703, form 39. The count is, therefore, not defective in that particular. — Lowenthal v. The State 32 Ala. 589 ; People v. Stewart, 4 Mich. 656.
[2.] Counterfeiting and forgery of a bank-note, if not identical, are, at least, offenses of the same character, aud subject to the same punishment; and a defendant may, under section…
2Cases cited4 opinions
- United States v. BrittonU.S. Circuit Court for the District of Massachusetts · 1822
- Tharp v. StateSupreme Court of Alabama · 1849
- Corbett v. StateSupreme Court of Alabama · 1858
- Lowenthal v. StateSupreme Court of Alabama · 1858
3Cited by19 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- State v. YergerSupreme Court of Missouri · 1885
- Cheek v. StateSupreme Court of Alabama · 1862
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