Aders v. State

The defendant was convicted of the offense of forgery and appeals.

The indictment, in the Code form, sets out in hsee verba the instrument the forging or uttering of which is relied upon for a conviction. This instrument appears to bear date of December 23, 1923, which this court knows judicially fell on Sunday, and it is such an instrument as that by terms of the statute (Code 1923, § 6821), being executed on that day, it is void. As said by our Supreme Court in the case of Hobbs v. State, 75 Ala. 1:

“A writing, void on its face because of the want of legal requisites to its validity, is not…