Legal Opinion

Harrison v. State

Supreme Court of Alabama

Decided June 15, 1860PublishedCited by 14 opinions

From the Circuit Court of Barbour. Tried before the Hon. John Gill Shorter. The indictment in this case was in these words: “ Tbe grand jurors for the State of Alabama, chosen and sworn to inquhe for the body of Barbour county, upon their oaths present,, that William Harrison, alias Thomas Craig, and James Wilson, alias Richard Schrimshire, in the county aforesaid, on the 20th.

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From the Circuit Court of Barbour. Tried before the Hon. John Gill Shorter. The indictment in this case was in these words: “ Tbe grand jurors for the State of Alabama, chosen and sworn to inquhe for the body of Barbour county, upon their oaths present,, that William Harrison, alias Thomas Craig, and James Wilson, alias Richard Schrimshire, in the county aforesaid, on the 20th. July, A. D. 1857, feloniously did utter and publish as true, and with intent to defraud, a certain forged instrument, or writing, the forging of which is declared by the laws óf said.State to be an offense; which said…

1Opinion of the CourtStone, J.

It is a rule in'this court, too well settled to be now questioned, that we will indulge every reasonable presumption in favor of the corz'ect ruling of the pz-imary couz-t; and that we will not presume the existence of facts, not shown by the recoi’d, with a view to the discovery of grounds - on which to base a reversal. The party excepting to the action of the court below, must set out so much of the evidence as is necessary to show that in its rulings that court eri’ed to his prejudice. Shep. Dig. 436, §§ 16, 17, 18, 19; ib. 463, §78.

To bring this case within the principle settled in the…

2Cases cited4 opinions

  1. Commonwealth v. CunninghamMassachusetts Supreme Judicial Court · 1816
  2. Thompson v. StateSupreme Court of Alabama · 1857
  3. Commonwealth v. McChordCourt of Appeals of Kentucky · 1834
  4. Shotwell v. WendoverNew York Supreme Court · 1806

3Cited by14 opinions

  1. Moore v. StateSupreme Court of Alabama · 1882
  2. Foster v. StateSupreme Court of Alabama · 1864
  3. State v. BlodgettSupreme Court of Iowa · 1909
  4. Whitehead v. StateAlabama Court of Appeals · 1918
  5. Molton Realty Co. v. MurchisonSupreme Court of Alabama · 1925

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