Owens v. State
Alabama Court of Appeals
. Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Robert Owens was indicted in two counts; the first charging the forgery of a-check, and the second charging the uttering of the check. Defendant was convicted under the second count, and appeals.
1Opinion of the CourtSamford, J.
[1, 2] Before a defendant can be convicted of uttering a forged instrument, the state must prove beyond a reasonable doubt that there was a forged instrument, and that the defendant, knowing the instrument to he forged, with the intent to defraud, uttered it. The check in evidence purported to have been signed by Raymond Bradford, and was made payable to the order of Tom Jones, for $5.06. Bradford testified: “I had these checks made myself; that is, just exactly like the check I used. * * * I never issued a check of that character to this man. * * * I did not issue the cheek.”
This was all the…
2Cited by5 opinions
- Finney v. StateCourt of Criminal Appeals of Alabama · 1977
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- State v. KozukonisSupreme Court of Rhode Island · 1946
- State v. GorhamUtah Supreme Court · 1935