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HORTON v. STATE

7 Div. 84.

456 So.2d 1117 (1983)

Lavon HORTON, alias v. STATE.

Court of Criminal Appeals of Alabama.

On Return to Remand November 1, 1983.

Rehearing Denied November 1, 1983 and January 10, 1984.

Attorney(s) appearing for the Case

Myron K. Allenstein, Gadsden, for appellant.

Charles A. Graddick, Atty. Gen., and Billington M. Garrett, Asst. Atty. Gen., for appellee.

LEIGH M. CLARK, Retired Circuit Judge.

The only issue presented by the parties on appeal is whether the trial court was in error in overruling the demurrer of defendant (this appellant) to the indictment, which charged in pertinent part that he:

"... Did, with intent to defraud, possess or utter a forged instrument as follows: a check, having knowledge that said instrument was forged, and with intent to defraud, in violation of Title 13A-9-6 of the 1975 Code...

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