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Legal Opinion

Gooch v. State

Supreme Court of Alabama

Decided July 31, 1947No. 8 Div. 556PublishedCited by 18 opinions

1Opinion of the Court

SIMPSON, Justice.

‘ The Court of Appeals under the provisions of § 88, Title 13, Code 1940, has certified for our answer the following two questions :

“1. Does a check dated on Sunday possess sufficient legal efficacy to defraud so as to be the subject of forgery where no extrinsic facts are alleged in the indictment ?
“2. Does Title 9, Section 21, Code of Alabama 1940, prevent the prosecution in the name of the State for the forgery of an instrument dated on Sunday?” ■

A precise, categorical answer is not possible to either of these general inquiries, as will appear from the considerations…

2Cases cited12 opinions

  1. Rembert v. StateSupreme Court of Alabama · 1875
  2. Hobbs v. StateSupreme Court of Alabama · 1883
  3. Jones v. StateSupreme Court of Alabama · 1874
  4. Deal v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1932
  5. Dixon v. StateSupreme Court of Alabama · 1886

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3Cited by18 opinions

  1. Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
  2. State v. BrandtSupreme Court of South Carolina · 2011
  3. Wyatt v. StateSupreme Court of Alabama · 1952
  4. Earnest v. StateAlabama Court of Appeals · 1959
  5. Shubert v. StateCourt of Criminal Appeals of Alabama · 1986

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