Newsum v. State
Alabama Court of Appeals
Appeal from Oolbert Circuit Court. Heard before Hon. C. P. Almon. Walter Newsum was convicted of forgery, and he appeals.
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Appeal from Oolbert Circuit Court. Heard before Hon. C. P. Almon. Walter Newsum was convicted of forgery, and he appeals. The indictment charged that Walter Newsum and Bennie Perkins, “with the intent to injure or defraud, did alter, forge, or counterfeit, or with intent to injure or defraud, did utter and publish as true a falsely altered, forged, or counterfeited check, which was in substance as follows: [Here follows the check in haec verba] — which check said defendants knew to be so altered, forged, or counterfeited.” The demurrers were misjoinder of offenses in one count, in that it…
1Opinion of the CourtWalker, P. J.
The indictment in this case was in the form prescribed by the Code for an indictment for forgery in the first degree (Code, § 7161, form 61), and it was not subject to the demurrer interposed to it.
*128The indictment was against the appellant, Walter Newsum, and Bennie Perkins, two negro hoys. The evidence on the tidal was not such as to forbid any conclusion other than that the latter was an accomplice in the crime, the commission of which there was evidence tend-, ing to prove. There was evidence to support the inference that he was not a guilty participant in the forgery, and that his only…
2Cases cited4 opinions
- Malachi v. StateSupreme Court of Alabama · 1889
- Childress v. StateSupreme Court of Alabama · 1888
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- Green & Sons v. Lineville Drug Co.Supreme Court of Alabama · 1910
3Cited by17 opinions
- Burns v. StateSupreme Court of Alabama · 1944
- Horn v. StateAlabama Court of Appeals · 1916
- Holloway v. StateAlabama Court of Appeals · 1952
- Moore v. StateAlabama Court of Appeals · 1941
- Leonard v. StateAlabama Court of Appeals · 1966
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