Gooden v. State
Supreme Court of Alabama
Appeal Rom tbe Circuit Court of Talladega. Tried before tbe Hon. John Henderson. Tbe prisoner in tbis case was indicted for tbe forgery of an instrument of writing, wbicb was in these words: “ July lOtb, 1876. Due Bell Sims twenty dollars, at first of August, 1876,” signed, “ Mr. Daniel Threet.”
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Appeal Rom tbe Circuit Court of Talladega. Tried before tbe Hon. John Henderson. Tbe prisoner in tbis case was indicted for tbe forgery of an instrument of writing, wbicb was in these words: “ July lOtb, 1876. Due Bell Sims twenty dollars, at first of August, 1876,” signed, “ Mr. Daniel Threet.” Tbe indictment contained two counts; tbe first alleging tliat tbe defendant “ forged a promissory note, in words and substance as follows,” setting outtbe writing; and tbe second, that be “ forged a due bill, or instrument of writing, being, or purporting to be tbe act of another, in words and…
1Opinion of the Court
BRICKELL, C. J. —
The intent to deceive and defraud, and the capacity of the false instrument to consummate this intent, are the material ingredients of the offense of forgery. An instrument bearing the name, as maker, by which a person is known and called, uttered in the vicinity of his residence, has the capacity of deceiving and defrauding those who recognize him by that name. There was no error in receiving the evidence that the witness Thweatt was known and called by the name of Tlvreet, which was signed to the false instrument. The writing offered in evidence corresponded, in all…
2Cases cited1 opinion
- Corbett v. StateSupreme Court of Alabama · 1858
3Cited by17 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- Huddleston v. StateAlabama Court of Appeals · 1953
- Woodbury v. StateSupreme Court of Alabama · 1881
- Koch v. StateSupreme Court of Alabama · 1896
- White v. StateSupreme Court of Alabama · 1882
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