Sims v. State
Supreme Court of Alabama
Forgery. Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Will D. Sims were convicted of forgery, and be appeals.
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Forgery. Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Will D. Sims were convicted of forgery, and be appeals. Tbe indictment is in the following language: “The grand jury of said county charge that before the finding of this indictment Will E». Sims, with intent to injure and defraud, did alter a receipt for the payment of money which receipt is substantially as follows: ‘Beat No. 4. No. 1,101. Feb. 24 1903. Received of H. V. Nix the sum of one & 50-100 dollars in full amount of taxes due the state of Alabama and county of Walker, tax year 1902. Real Estate. State…
1Opinion of the CourtAnderson, J.
The indictment complied with the statute. Section 4720 of the Criminal Code of 1896, and form 50. It was not, therefore, subject to the demurrer interposed. The receipt therein described is such an instrument as is made the subject of forgery by the statute.
Before secondary evidence is admissible to prove the contents of an instrument in writing, claimed to be lost, it must be shown that every reasonable effort which would result in its production was made without avail. 1 Greenleaf on Ev. 558; O’Neal v. McKinnan, 116 Ala. 606, 22 South. 905; Boulden v. State, 102 Ala. 78, 15 South. 341;…
2Cases cited3 opinions
- Boulden v. StateSupreme Court of Alabama · 1893
- O'Neal v. McKinnaSupreme Court of Alabama · 1897
- Alabama Construction Co. v. MeadorSupreme Court of Alabama · 1904
3Cited by7 opinions
- Abingdon Mills v. GroganSupreme Court of Alabama · 1910
- Howton v. StateCourt of Criminal Appeals of Alabama · 1980
- Black v. StateAlabama Court of Appeals · 1925
- Edwards v. StateCourt of Criminal Appeals of Alabama · 1987
- Dean v. StateAlabama Court of Appeals · 1940
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