Newsum v. State
| Decision Date | 16 April 1914 |
| Docket Number | 217 |
| Citation | 10 Ala.App. 124,65 So. 87 |
| Court | Alabama Court of Appeals |
| Parties | NEWSUM v. STATE. |
Appeal from Circuit Court, Colbert County; C.P. Almon, Judge.
Walter Newsum was convicted of forgery, and he appeals. Affirmed.
The indictment charged that Walter Newsum and Bennie Perkins "with the intent to injure or defraud, did alter, forge or counterfeit, or with intent to injure or defraud, did utter and publish as true a falsely altered, forged, or counterfeited check, which was in substance as follows [[Here follows the check in haec verba]--which check said defendants knew to be so altered, forged, or counterfeited." The demurrers were misjoinder of offenses in one count, in that it charges both a making or forging of the instrument described, and the publishing or uttering of the same; it is not alleged that defendant had knowledge that the alleged check was forged, and with such knowledge uttered and published it; the instrument set out in the indictment as the subject of forgery is not apparently a valid check, and no allegation is made of extrinsic facts by which any one could have been injured; it does not appear that the payee indorsed said check, and without his indorsement said check was not apparently a valid instrument and it is not alleged that said Burton's indorsement would have rendered said check harmful to any one. The defendant Newsum moved for a severance, and was tried alone.
Bennie Perkins, who was also indicted, was introduced as a witness for the state, and the substance of his testimony is set out in the opinion, as is the corroborating testimony. The argument of the solicitor objected to was as follows: "The defendant picked up this little negro to go and cash the check." Defendant also objected to the court's admitting to the jury as a question of fact the guilt or innocence of the codefendant Bennie Perkins, who was not on trial.
Charge 4 given for defendant is as follows: "If the jury do not believe the evidence of the other defendant, Bennie Perkins, and if they further find that there is no other evidence in the case connecting Walter Newsum with the crime charged, then he cannot be convicted." In connection with the charge the court said to the jury orally: Charge 10 was as follows: "The witness Bennie Perkins is jointly indicted with defendant Walter Newsum of the same offense, and the burden of proof is on the state to exculpate Bennie Perkins from guilty participation in the uttering of the check, and unless this is done Bennie Perkins is an accomplice, and a conviction cannot be had unless he is corroborated by some other evidence in this case."
Jones & Branch, of Sheffield, for appellant.
R.C. Brickell, Atty. Gen., and W.L. Martin, Asst. Atty. Gen., for the State.
The indictment in this case was in the form prescribed by the Code for an indictment for forgery in the first degree (Code, § 7161, form 61), and it was not subject to the demurrer interposed to it.
The indictment was against the appellant Walter Newsum, and Bennie Perkins, two negro boys. The evidence on the trial was not such as to forbid any conclusion other than that the latter...
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Burns v. State
...616, 93 So. 207; Cheatwood v. State, 22 Ala.App. 165, 113 So. 482; Tidwell v. State, 23 Ala.App. 409, 126 So. 186; Newsum v. State, 10 Ala.App. 124, 65 So. 87; Gilbert v. State, 18 Ala.App. 393, 92 So. Smith v. State, 230 Ala. 413, 161 So. 538; Berry v. State, 231 Ala. 437, 165 So. 97; Skum......
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Slayton v. State
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Leonard v. State, 6 Div. 169
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