Denson v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant, George Benson, was indicted, tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, George Benson, with intent to injure or defraud, did falsely make, alter or forge an instrument in writing in words and figures substantially as follows: "The Farley National Bank of Montgomery, Ala.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant, George Benson, was indicted, tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, George Benson, with intent to injure or defraud, did falsely make, alter or forge an instrument in writing in words and figures substantially as follows: "The Farley National Bank of Montgomery, Ala. June 30, 1898. Pay to the order of cash $5.75 five and 75-100 dollars. Griell Bros. Co.’ And the grand jury aver that by the words Griell Bros.…
1Opinion of the CourtSharpe, J.
— The check described in the indictment, if forged and uttered as genuine, had the possible capacity of defrauding at least three persons, viz., the person whose name was signed as drawer, and the person to whom it was passed and the Farley National Bank upon which it was drawn.
Under our statute (Code, § 4908), it was unnecessary for the indictment to aver the particular person intended to be defrauded, hut in order to show the capacity of the instrument to defraud, if for no other reason, it was not improper to aver by innuendo the full and true name of the purported drawer of the check.
It…
2Cases cited2 opinions
- Emmonds v. StateSupreme Court of Alabama · 1888
- Jones v. StateSupreme Court of Alabama · 1874
3Cited by13 opinions
- Wyatt v. StateSupreme Court of Alabama · 1952
- Gooch v. StateSupreme Court of Alabama · 1947
- Williams v. StateSupreme Court of Alabama · 1924
- Hurst v. StateAlabama Court of Appeals · 1911
- Blais v. StateSupreme Court of Arkansas · 1910
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