Cheshire v. State

Decided February 3, 1914

Alabama Court of Appeals · decided 1914-02-03

Pike Circuit Court. Heard before Hon. H. A. Pearce. Ed Cheshire was convicted of obtaining money under false pretences, and he appeals. Charge 1 is the general affirmative charge.

Relies on Hope v. State · Davis v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-02-03

How this case has been cited

Cited by 4 later decisions — most recently August 1973

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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WALKER, P. J.

¶1Of several rulings which the record presents for review, it is not deemed necessary to say more than that obviously in none of them was there any error.

¶2Written charge 5 requested by the defendant was properly refused, as, for the state to sustain the charge made by the indictment, it was not required to prove that the defendant in the manner' alleged obtained the exact amount of money mentioned in the indictment; the averment of amount not being of an essential ingredient of the offense charged. — Hope v. State, 5 Ala. App. 123, 59 South. 326; Davis v. State, 3 Ala. App. 71, 57 South. 493.

¶3As there was evidence tending to prove the charge made in the indictment, written charge 1 requested by the defendant was properly refused.

¶4Affirmed.