Kirby v. State
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery ■County; Leon McCord, Judge. Homer Kirby was convicted of forgery, and lie appeals. The defendant is charged with the forgery of a $10 check drawn on the Union Bank & Trust Company and signed by A. W. Allen.
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Appeal from Circuit Court, Montgomery ■County; Leon McCord, Judge. Homer Kirby was convicted of forgery, and lie appeals. The defendant is charged with the forgery of a $10 check drawn on the Union Bank & Trust Company and signed by A. W. Allen. Mr. Stokes was permitted to testify that he was cashier and secretary of the Union Bank & Trust Company; that Mr. Allen had an account there, and that some one called him up on the telephone, saying that he was A. W. Allen; that he wanted a little money, and was sending a little negro boy around to the bank with his check, and desired him to send the…
1Opinion of the CourtBrigken, J.
This is the second appeal in this case. Kirby v. State, 16 Ala. App. 467, 79 South. 141.
The same questions presented by fhis appeal were presented and discussed upon the former appeal, and an affirmance of the judgment here might well be rested upon the authority of the former appeal.
[1] Telephone conversations, especially when had in reference to the transactions being investigated, are admissible in evidence, their probative force being a matter for the jury’s determination.
Here, the conversation detailed was by Stokes with an unknown party, about the very checks charged to have been…
2Cases cited2 opinions
- Kirby v. StateAlabama Court of Appeals · 1918
- Alabama Livery Co. v. HairstonAlabama Court of Appeals · 1919
3Cited by10 opinions
- Dentman v. StateSupreme Court of Alabama · 1957
- Matthews v. StateCourt of Criminal Appeals of Alabama · 1978
- Caughlan v. StateAlabama Court of Appeals · 1927
- McGraw v. StateAlabama Court of Appeals · 1948
- Bledsoe v. StateCourt of Criminal Appeals of Alabama · 1981
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