§ 16-89-112 — Evidence - Proof of certain acts or facts

(a) In trials for treason, no evidence shall be given of an overt act that is not expressly laid in the indictment, and no conviction shall be had unless one (1) or more overt acts are alleged therein. (b) In trials of indictments for conspiracy, in cases where an overt act is required by law to consummate the offense, no conviction shall be had unless one (1) or more overt acts are expressly alleged in the indictment and proved on the trial. However, overt acts other than those alleged in the indictment may be given in evidence on the part of the prosecution. (c) (1) If the existence, constitution, or powers of any banking company shall become material or are in any manner drawn in question on the trial of any indictment or other proceeding in a criminal cause, it shall not be necessary to produce a certified copy of the charter or act of incorporation, but the existence, constitution, or powers may be proved by general reputation or by the printed statute book of the state by which the corporation was created. (2) On the trial of any indictment for counterfeiting any bill or note of any bank in this state, or of the United States, or of any other state or territory of the United States, the prosecuting attorney shall not be required to produce, on the trial, an authenticated copy of the charter of the bank, but the charter may be established in the manner prescribed in subdivision (c)(1) of this section. Rev. Stat., ch. 45, §§ 161, 162, 164, 165; C. & M. Dig., §§ 3117-3120; Pope's Dig., §§ 3951-3954; A.S.A. 1947, §§ 43-2012 -- 43-2015.