Fomby v. State
Supreme Court of Alabama
From: the Criminal Court of Jefferson. Tried before tbe Hon. S. E. Greene. The indictment in this case charged that the defendant, Henry Fomby, with intent to injure or defraud, “did forge an order or instrument in writing, purporting to be the act of one Greene Milligan, which order is in the words and figures following,” setting it out.
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From: the Criminal Court of Jefferson. Tried before tbe Hon. S. E. Greene. The indictment in this case charged that the defendant, Henry Fomby, with intent to injure or defraud, “did forge an order or instrument in writing, purporting to be the act of one Greene Milligan, which order is in the words and figures following,” setting it out. The writing set out in the indictment, as copied into the transcript, is unintelligible, but it seems to have been signed “Grenn Milisic,” addressed •to “Mr. Odom,” and in these words, or letters: Please ete this man have sitrthanges, an illitz riai jor then…
1Opinion of the CourtClopton, J.
It is well established that an indictment which merely sets out a writing, on which the forgery charged is predicated, wanting in the legal requisites to its validity, or so imperfect or incomplete that it can not be the foundation of a legal liability, and its real meaning and terms are not intelligible from the words and characters used, does not charge an offense. If the legal force of the writing, not being apparent on its face, arises from extrinsic facts, or, being incomplete or unintelligible, its meaning and capacity to effect a fraud are derived from extrinsic facts, such facts must…
2Cases cited2 opinions
- Rembert v. StateSupreme Court of Alabama · 1875
- Hobbs v. StateSupreme Court of Alabama · 1883
3Cited by14 opinions
- Gooch v. StateSupreme Court of Alabama · 1947
- Crow v. StateAlabama Court of Appeals · 1937
- Williams v. StateSupreme Court of Alabama · 1976
- Dudley v. StateAlabama Court of Appeals · 1914
- Aders v. StateAlabama Court of Appeals · 1925
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