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165 Ala. 93

Davis v. State

Supreme Court of Alabama

Decided December 16, 1910

Supreme Court of Alabama · decided 1910-12-16

Forgery. Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. John Davis was convicted of forgery, and appeals. . The indictment is as follows (omitting the formal charging part) : “John Davis, with intent to injure or defraud, did falsely make, alter, or forge an instrument in writing, in words and figures substantially as follows: “‘Birmingham, Ala., April 7, 1909.

Relies on Walker v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1910-12-16

How this case has been cited

Cited by 7 later decisions — most recently March 1977

7 state decisions

201910192019301940195019601970decided

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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ANDERSON, J.

¶1— The indictment was not only in Code form, but pursued the statue form 61 and section 6909, Criminal Code of 1907, and the demurrer thereto was properly overruled.

¶2The indictment did not set out the instrument, alleged to have been forged or altered, in hsec verba, and there was no material variance between the instrument-offered in evidence and the one described in the indictment, and the trial court did not err in overruling the defendant’s objection to same. Nor do we mean to hold that the variance would have been fatal, had the indictment attempted to set out the instrument in hsec verba.

¶3The proof made the defendant’s guilt a question for the jury, and the general charge, requested by him, was properly refused.

¶4Charge 2 was properly refused. If not otherwise bad, it seeks an acquittal if defendant’s evidence alone creates a reasonable doubt of guilt, and pretermits a consideration of all the evidence in determining whether or not there is a reasonable doubt of the defendant’s guilt.- — Grant v. State, 97 Ala. 85, 11 South. 915; 1 Mayfield’s Digest, p. 170, § 142.

¶5The judgment of the criminal court is affirmed.

¶6Affirmed.

Simpson, McClellan, and. Mayfield, JJ., concur.
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