62 So. 374 | Ala. Ct. App. | 1913
— Whatever may be those obtaining elsewhere on the subject, the following rules governing the method and manner of proving the handwriting of a person when it is in issue have been firmly established in the jurisprudence of this state by a long line of decisions from our Supreme Court, from one of which, summarizing these rules and citing many of the authorities which support them, we quote, to wit:
. “(1) When the forgery of a paper is in issue, and another paper admitted or proved to be genuine is prop-' erly in the case and before the court, a comparison may be instituted between the signature of the genuine paper and the signature of the disputed one. The comparison may be made by the jury trying the case for the purpose of determining the question of forgery vel non o.f the disputed paper. An expert witness may also make a comparison in such case of the two signatures, and after such comparison express his opinion as to the genuineness of the paper in dispute.
“(2) A comparison of han'ckcriting may not he instituted hcttoeen the writing that is in question and extraneous papers, although such extraneous papers may he shown to be genuine. A writing, although admitted to be genuine, when not .otherwise relevant and admissible in evidence, is not admissible for the sole purpose of instituting a comparison of handwriting, whether by the jury trying the case or for the expression of an Opinion by one examined as an expert witness.
,. “(3) A witness who is not an expert may not express an opinion as to the genuineness of a signature solely from a, comparison of handwriting; but a witness,*242 tbougb not an expert, may express his opinion as to the genuineness of a signature, where such witness knows the handwriting of the party from having corresponded with him or from having seen him write” (Griffin v. Working Woman’s Association, 151 Ala. 603, 44 South. 605), or from having seen letters, bills, or other documents, purporting to be the handwriting of the party, which the witness has acted upon as being genuine, and that to the knowledge and with the acquiescence of the party, or when they have been adopted by the party in the ordinary business transactions of life in such a Avay as to induce a reasonable presumption of their being his OAvn Avritings (Gibson v. Trowbridge Furniture Co., 96 Ala. 362, 11 South. 365). But “in this state,” as said by Judge Stone, “Ave do not permit extraneous papers to be presented before the jury or court, or shoAvn to a witness, that he may institute a comparison betAveen such paper, though admitted to be genuine, and the one in controversy.” — Moon v. Crowder, 72 Ala. 88.
The Iuav does not even permit a witness on direct examination to Avrite his name or othenvise in the presence of the court and jury in order that a comparison may be instituted by the jury or an expert between such signature or writing and that of an instrument in issue, for the reason that such, would be allowing a party to make evidence for himself; though there are cases where on cross-examination a witness who has denied his alleged signature may be compelled to Avrite his name for the purpose of permitting a comparison, Avith a vieAV to his impeachment. — Williams v. State, 61 Ala. 41; Griffin v. State, 90 Ala. 600, 8 South. 670.
The defendant in the present case, William King, was charged Avith forging the name of Carter Green, as draAver, to a certain check for $10 on the First National Bank of Montgomery, of date July 23, 1912,, payable
It Avas, hoAvever, permissible for the state to prove, for the purpose of shoAving that the defendant had had an opportunity of observing the Avitness Carter Green’s signature, the fact that the latter had, prior to the time of the alleged forgery, given the defendant a check or a number of checks; but the checks themselves Avere not material to any inquiry in the case, and their introduc-’ tion could serve only to uselessly multiply the issues.
Excluding,-however, all the illegal evidence introduced by the state, there was left enough legal evidence to
However, the real issue in the case Avas, did or not Carter Green sign the check? he swearing that he did not and the defendant swearing that he did, and that he delivered it to defendant in part payment of a loan. Under such circumstances, to permit the state to bolster up the testimony of Carter Green, Avith the testimony of an expert witness, whose opinion in support thereof Avas based solely upon a comparison of handwriting in the alleged forged check with that of one not properly in eAddence, even though genuine, Avas highly prejudicial to the legal rights of the defendant, and may have resulted in his conviction when otherwise he might have been acquitted.
The judgment of conviction is therefore reversed.
Reversed and remanded.