Shelton v. State
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Tried before Don. Daniel Partridge, Jr. The appellant. Spencer Shelton, Ava.s tried and convicted of forgery of a promissory note. The indictment contained two counts; the first charging the forgery of the name of one Thad Chestnut to the note, Avhich was set out verbatim in the indictment and shoAved the name of Chestnut signed at the loAver right hand of the paper, and the name of the defendant signed at the loAver left hand thereof.
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Appeal from Dallas Circuit Court. Tried before Don. Daniel Partridge, Jr. The appellant. Spencer Shelton, Ava.s tried and convicted of forgery of a promissory note. The indictment contained two counts; the first charging the forgery of the name of one Thad Chestnut to the note, Avhich was set out verbatim in the indictment and shoAved the name of Chestnut signed at the loAver right hand of the paper, and the name of the defendant signed at the loAver left hand thereof. The second count also set out the note, and charged that the defendant “Did, Avith intent to injure op defraud, utter and…
1Opinion of the CourtTyson, J.
The instrument set out in bo l counts of the indictment is a promissory note purport to impose a liability upon Chestnut as'a maker. 1 lie express language of the statute a promissory noü s made the subject of forgery. — § 4719 of the Code.
Where the writing, alleged to have been forgecKor uttered after being forged, is complete on its facc^ and purports to impose a liability, it is not necessary to'aver extrinsic facts in the indictment to show its validity or that another might be injured by it. Nor is it of consequence whether the defendant’s signature on the note was intended as a maker or…
2Cases cited2 opinions
- Insurance Co. of North America v. ThorntonSupreme Court of Alabama · 1900
- Handy v. StateSupreme Court of Alabama · 1898
3Cited by15 opinions
- Fuller v. StateSupreme Court of Alabama · 1952
- Brown v. BaileySupreme Court of South Carolina · 1949
- Brandies v. StateAlabama Court of Appeals · 1968
- Tuck v. StateCourt of Criminal Appeals of Alabama · 1980
- Curtis v. StateAlabama Court of Appeals · 1913
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