Jennings v. State
| Decision Date | 11 January 1921 |
| Docket Number | 6 Div. 745 |
| Citation | 17 Ala.App. 640,88 So. 187 |
| Parties | JENNINGS v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Jefferson County; H.P. Heflin, Judge.
Catherine Jennings was convicted of forgery in the second degree, and she appealed.Affirmed.
J.B Stephens and Vaughan & Silberman, all of Birmingham, for appellant.
J.Q Smith, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
The defendant was indicted for forgery, was convicted and sentenced to the penitentiary for a term of not less than two nor more than three years.
Error is claimed in the overruling of certain demurrers to the indictment.The indictment follows the form laid down for forgery in the second degree in so far as that form covers section 6910 of the Code.Form 62, page 670, of the Code 1907.There is no form set out for the latter part of section 6910, for uttering and publishing as true a check as set out in the indictment, and in drawing this latter part the solicitors evidently followed the form for forgery in the first degree as set out in form 61, and in this there was no error.
Section 7132 of the Code provides:
"The manner of stating the act constituting the offense as set forth in the forms given in article 7 of this chapter, is sufficient in all cases in which the forms there given are applicable; in other cases, forms may be used as near similar as the nature of the case and the rules prescribed in this chapter will permit."
There is no bill of exceptions in the record, and the time for presenting and having the same signed has expired.
Motion for a...
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9 cases
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McDaniel v. State
... ... alternative. Section 7151, Code 1907. Under this statute a ... defendant may be charged with forgery and uttering a forged ... check in the same count. Johnson v. State, 35 Ala ... 370. An indictment substantially the same as in the instant ... case was held good in Jennings v. State, 17 Ala.App ... 640, 88 So. 187, and in Davis v. State, 165 Ala. 93, ... 51 So. 239. That the check set out in the indictment is not a ... true copy of the one alleged to have been forged, because the ... forged check had the word "insured" indented upon ... it with a protectograph, ... ...
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Terrell v. State
... ... By ... agreement the cases were tried together. The jury returned a ... verdict of guilty in each case ... The ... indictments were substantially in code form, and no error ... resulted in the court's overruling of the demurrers filed ... to each indictment. Jennings v. State, 17 Ala.App ... 640, 88 So. 187; Black v. State, 21 Ala.App. 94, 105 ... So. 703; Rice v. State, 22 Ala.App. 531, 117 So ... The ... evidence presented by the State tended to show that on ... November 7, 1947, appellant identified himself to the manager ... and other ... ...
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Mead v. State, 6 Div. 979
...State, 124 Ala. 92, 27 So. 1; Davis v. State, 165 Ala. 93, 51 So. 239; McDaniel v. State, 20 Ala.App. 407, 102 So. 788; Jennings v. State, 17 Ala.App. 640, 88 So. 187. In his motion for a new trial the appellant contends that one of the jurors selected to try his case had a conversation wit......
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Hall v. State
... ... Harwell ... G. Davis, Atty. Gen., and Chas. H. Brown, Asst. Atty, Gen., ... for the State ... SAMFORD, ... Demurrers ... to the indictment were properly overruled. Code 1923, § 4121, ... and section 4556, form 62; Jennings v. State, 17 ... Ala.App. 640, 88 So. 187 ... A bill ... of lading issued by a common carrier, is "any instrument ... or writing, being or purporting to be the act of ... another," within the meaning of section 4121, Code 1923, ... the false and fraudulent making of which is forgery ... ...
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