Burden v. State
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. J. W. Mabry. The appellant was indicted, tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, Willie Burden, alias William Burden, with intent to injure or defraud, did falsely make, alter, forge or counterfeit an instrument in writing in words and figures substantially as follows, to-wit: ‘Selma, Ala., Nov. 11th, 1897. Mr. Holmes,…
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Appeal from the City Court of Selma. Tried before the Hon. J. W. Mabry. The appellant was indicted, tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, Willie Burden, alias William Burden, with intent to injure or defraud, did falsely make, alter, forge or counterfeit an instrument in writing in words and figures substantially as follows, to-wit: ‘Selma, Ala., Nov. 11th, 1897. Mr. Holmes, Selma, Ala. Dear Sir : — The value of this'chain is $10.00 (Ten.) Yours truly, E. H. Hobbs.’ “The grand jury of said county…
1Opinion of the CourtMcCLELLAN, C. J.
It may be that a writing in the following words, viz : “Mr. Holmes ; Selma, Ala. Dear Sir: The value of this chain is $10.00 (Ten).” Is the subject of forgery under certain circumstances extrinsic to the paper itself — even this we do not decide, however — but it is most clear that on its face this writing, by whomsoever signed or purporting to be signed, does not create, discharge, increase or diminish a money liability, or-transfer or incumber property, or release or impair an existing claim to, or lien upon property; and if extrinsic facts exist which taken in connection with the paper…
2Cases cited3 opinions
- Rembert v. StateSupreme Court of Alabama · 1875
- Dixon v. StateSupreme Court of Alabama · 1886
- Williams v. StateSupreme Court of Alabama · 1891
3Cited by16 opinions
- Wyatt v. StateSupreme Court of Alabama · 1952
- Everage v. StateAlabama Court of Appeals · 1916
- Williams v. StateSupreme Court of Alabama · 1924
- Dudley v. StateAlabama Court of Appeals · 1914
- Aders v. StateAlabama Court of Appeals · 1925
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