Legal Opinion

Burnett v. State

Alabama Court of Appeals

Decided January 31, 1922No. 3 Div. 409PublishedCited by 3 opinions

Appeal from Circuit Court, Butler County; A. El Gamble, Judge. Jim Lee Burnett was convicted of forgery, and he appealed. The demurrers to the indictment should have been sustained, and the court should have directed a verdict for the defendant. 82 Ala. 44, 2 South. 463; 120 Ala. 360, 25 South! 236; '87 Ala. 36, 6 South. 271; 81 Ala. 61, 1 South. 69; 75 Ala. 1; 53 Ala. 467, 25 Am. Rep. 639; 1 Bay (S. O.) 205.

1Opinion of the CourtMerritt, J.

The defendant was convicted under an indictment which charged that—

He, “with intent to injure or defraud, did alter or forge a certain instrument which was, in substance, as follows: ‘8 — 24 1920. Please pay Jim Lee Burnett for 8ty. at 2.75 per day. time in full, discharged R. L. Duncan,’ or with intent to injure or defraud did utter and publish as true the said falsely uttered or forged instrument, knowing the same to be altered or forged.”

The court overruled demurrers to the indictment, which demurrers questioned the sufficiency of the indictment, in that the instrument alleged to have been…

2Cases cited10 opinions

  1. Rembert v. StateSupreme Court of Alabama · 1875
  2. State v. . KeeterSupreme Court of North Carolina · 1879
  3. Dixon v. StateSupreme Court of Alabama · 1886
  4. Powers v. StateIndiana Supreme Court · 1882
  5. Burden v. StateSupreme Court of Alabama · 1898

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3Cited by3 opinions

  1. Crow v. StateAlabama Court of Appeals · 1937
  2. Aders v. StateAlabama Court of Appeals · 1925
  3. Crow v. StateAlabama Court of Appeals · 1937

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