Rembert v. State
Supreme Court of Alabama
Appeal from Circuit Court of Marengo. Tried before Hon. Luther B. Smith. The appellant was tried and convicted on an indictment which charged that he, “with intent to defraud,” forged an instrument in writing, in words and figures, as follows: “Due 8.25. Askew Brothers,” meaning thereby that there was due the bearer of said instrument, from said Askew Brothers, a firm composed of Samuel H. Askew and Warren S. Askew, the sum of eight dollars and twenty-five cents.
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Appeal from Circuit Court of Marengo. Tried before Hon. Luther B. Smith. The appellant was tried and convicted on an indictment which charged that he, “with intent to defraud,” forged an instrument in writing, in words and figures, as follows: “Due 8.25. Askew Brothers,” meaning thereby that there was due the bearer of said instrument, from said Askew Brothers, a firm composed of Samuel H. Askew and Warren S. Askew, the sum of eight dollars and twenty-five cents. The defendant demurred to the indictment, on the grounds, “1st, that the instrument in writing, alleged to be forged, is invalid on…
1Opinion of the CourtBrickell, C. J.
There are numerous definitions of the offense of forgery, not perhaps substantially differing. We adopt, as comprehensive and precise, that given by Mr. Bishop: “Forgery is the false making, or materially altering, with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of a legal liability.” 2 Bish. Crim. Law, § 495. Mr. Bishop observes : “The principal point for consideration is, that the instrument must either appear on its face to be, or be in fact, one which, if true, would possess some legal validity; or, in other words, must be…
2Cases cited15 opinions
- People v. StearnsNew York Supreme Court · 1839
- People v. ShallCourt Of Oyer And Terminer New York · 1829
- People v. HarrisonNew York Supreme Court · 1850
- Jones v. StateSupreme Court of Alabama · 1874
- People v. GallowayNew York Supreme Court · 1837
10 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Fuller v. StateSupreme Court of Alabama · 1952
- Hobbs v. StateSupreme Court of Alabama · 1883
- Smith v. StateSupreme Court of Florida · 1892
- Wyatt v. StateSupreme Court of Alabama · 1952
- Brazil v. StateSupreme Court of Georgia · 1903
33 more not listed; retrieve them via the Exa API.