Horton v. State
Supreme Court of Alabama
Appeal from Circuit Court of Coosa. Tried before Hon. JOHN HENDERSON. The appellant was tried and convicted under an indictment, the first count of which charged that “ he altered, forged, counterfeited, or totally obliterated, an order for the delivery of goods, or other instrument in writing, by which a right or interest in property is or purports to be transferred, conveyed, changed or affected, or bond, bill single, bill of exchange, promissory note, or endorsement…
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Appeal from Circuit Court of Coosa. Tried before Hon. JOHN HENDERSON. The appellant was tried and convicted under an indictment, the first count of which charged that “ he altered, forged, counterfeited, or totally obliterated, an order for the delivery of goods, or other instrument in writing, by which a right or interest in property is or purports to be transferred, conveyed, changed or affected, or bond, bill single, bill of exchange, promissory note, or endorsement thereon, in the following words and figures, to wit: ‘Mr. McDonald, please let Armistead have to the amount of five dollars…
1Opinion of the CourtBrickell, C. J.
The Revised Code, omitting the forms of indictment for forgery prescribed by the Code of 1852, furnishes no form of an indictment for that offense. Nor is there any specific provision as to the constituents of an indictment, except when the vicious instrument has been destroyed, or is withheld by the act or procurement of the defendant; then, affirming the rule of the common law, a misdescription of the instrument is not fatal. R. C. § 4131. An indictment for the offense must therefore conform to the common law, except as it is changed by the general statutory provisions in reference to all…
2Cases cited10 opinions
- Sanford v. HowardSupreme Court of Alabama · 1857
- Davis v. StateSupreme Court of Alabama · 1850
- Jones v. StateSupreme Court of Alabama · 1874
- Scott v. MyattSupreme Court of Alabama · 1854
- Johnson v. StateSupreme Court of Alabama · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Harris v. StateCourt of Criminal Appeals of Alabama · 1992
- Marler v. StateSupreme Court of Alabama · 1880
- McGuff v. StateSupreme Court of Alabama · 1889
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
34 more not listed; retrieve them via the Exa API.