Excerpt from The Southern Reporter, Vol. 23: Containing All the Decisions of the Supreme Courts of Alabama, Louisiana, Florida, Mississippi; February 16-September 21, 1898

Checks, ' on said commissary store, which en titled the owner or holder of the same to oh tain goods, wares', or merchandise of or from such commissary store of said body corpo rate to the amount or value of the sum of money expressed in such commissary checks; and that said Austin Pea, whose name was so falsely made or forged on or to said tu strument in writing, was at the said time a servant, laborer, or employe of said body cor potate, and entitled to have or receive such commissary check. Against the peace and dignity of the state of Alabama. The de fendant demurred to this indictment upon the following grounds: That the instru ment in writing alleged to be forged is invalid on its face, in this: it creates no liability, has no legal tendency to effect a fraud. And can not be the subject of. Forgery; (2) that the intrument alleged to be forged creates no is gal liability against any person whatever. And is not an instrument by which any pecuniary demand or obligation is or purports to be created, increased, discharged, or diminished; (3) that the instrument purporting or alleged to be forged does not create any right or ih terest in property, or in any way charge or effect any right in property. This demurrer was overruled, and the defendant duly ex cepted. Upon the trial of the cause the state introduced evidence tending to prove the facts averted in the indictment. Upon the introduction of all the evidence the court in structed the jury, among other things, that as a matter of law the instrument intro duced in evidence, described in the indict ment, was such an instrument as under the law was a subject of forgery. To this por tion of the court's general charge the defend ant duly excepted.

About the Publisher

Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.