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117 Ala. 169

Agee v. State

Supreme Court of Alabama

Decided November 15, 1897

Supreme Court of Alabama · decided 1897-11-15

Tried before the Hon. John Moore. ■The appellant in this case was tried and convicted under the following indictment: ‘-‘The grand jury of said county charge that before the finding of this indictment, Reuben Agee did, with the intent to injure or defraud, falsely make, alter, forge or counterfeit an instrument in writing, in words and figures substantially as follows, to-wit: ‘Oct. 18, 1895. Lamison ala. Mr. J-. T. Dumas.

Relies on Sparrenberger v. State · Washington v. State · Agee v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1897-11-15

How this case has been cited

Cited by 14 later decisions — most recently May 1966

1 federal appellate · 12 state decisions

6018971900191019201930194019501960decided

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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COLEMAN, J.

¶1In the case of Washingtonv. The State, 63 Ala. 192, quoting from Sparrenberger’s Case, 53 Ala. 481, we said: “When it appears witnesses were examined by the grand jury, or the jury had before them legal documentary evidence, no inquiry into the sufficiency of the evidence is indulged.” The motion to quash the indictment was properly overruled.

¶2The grounds of demurrer to the indictment were considered on the former appeal, (Agee v. The State, 113 Ala. 52) ; and we held that they were not well taken. The court did not err in admitting in evidence, the original instrument alleged to have been forged. It is not the law that none but persons skilled in chirography and orthography can commit the offense of forgery; nor is it necessary in describing the instrument in the indictment alleged to have been forged, that the handwriting be precisely copied. By order of the court the instrument itself has been sent up for our own inspection. The capital J. and 0 may not be very well formed, but there is no difficulty in reading the instrument, and its meaning and purport are easily understood. The objection that the indictment describes the date as Oct. 18, 1895, whereas the instrument states it as “Oct. the 18 1895,” is without merit.

¶3We find no error in the record.

¶4Affirmed.

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