Owens v. State, 78 So. 423

SAMFORD, J.

[1, 2] Before a defendant can be convicted of uttering a forged instrument, the state must prove beyond ‍​​‌‌‌​‌‌‌​‌‌‌​​​‌‌​‌‌‌‌‌​​‌​‌​‌​‌​‌‌​‌​‌‌​​​‌​​‌‌​​‌‌​‌​​​​​‌‌‌‌​‌‌​‌‌‌​‌​​​​​‌‌​​​‌‌​​​‌​​‌‌​​‌‍a reasonable doubt that there was a forged instrument, and that the defendant, knowing the instrument to he forged, with the intent to defraud, uttered it. The check in evidence purported to have been ‍​​‌‌‌​‌‌‌​‌‌‌​​​‌‌​‌‌‌‌‌​​‌​‌​‌​‌​‌‌​‌​‌‌​​​‌​​‌‌​​‌‌​‌​​​​​‌‌‌‌​‌‌​‌‌‌​‌​​​​​‌‌​​​‌‌​​​‌​​‌‌​​‌‍signed by Raymond Bradford, and was made payable to the order of Tom Jones, for $5.06. Bradford testified: “I had these checks made myself; that is, just exactly like the check I used. * ‍​​‌‌‌​‌‌‌​‌‌‌​​​‌‌​‌‌‌‌‌​​‌​‌​‌​‌​‌‌​‌​‌‌​​​‌​​‌‌​​‌‌​‌​​​​​‌‌‌‌​‌‌​‌‌‌​‌​​​​​‌‌​​​‌‌​​​‌​​‌‌​​‌‍* * I never issued a check of that character to this man. * * * I did not issue the cheek.”

This was all the evidence tending to prove the forgery. All of this ‍​​‌‌‌​‌‌‌​‌‌‌​​​‌‌​‌‌‌‌‌​​‌​‌​‌​‌​‌‌​‌​‌‌​​​‌​​‌‌​​‌‌​‌​​​​​‌‌‌‌​‌‌​‌‌‌​‌​​​​​‌‌​​​‌‌​​​‌​​‌‌​​‌‍may have been true, and yet no forgery have occurred. There is nothing in the evidence to show that Bradford did not authorize the signing of the check.

From the facts as disclosed by the bill of ‍​​‌‌‌​‌‌‌​‌‌‌​​​‌‌​‌‌‌‌‌​​‌​‌​‌​‌​‌‌​‌​‌‌​​​‌​​‌‌​​‌‌​‌​​​​​‌‌‌‌​‌‌​‌‌‌​‌​​​​​‌‌​​​‌‌​​​‌​​‌‌​​‌‍exceptions, the court erred in refusing to give the general charge as requested by the defendant.

Reversed and remanded.

Case Details

Case Name: Owens v. State

Court Name: Alabama Court of Appeals

Date Published: Apr 2, 1918

Citations: 78 So. 423; 16 Ala. App. 413; 1918 Ala. App. LEXIS 91; 8 Div. 537.

Docket Number: 8 Div. 537.

Court Abbreviation: Ala. Ct. App.