Peterson v. State
Supreme Court of Alabama
From the Circuit Court of Butler. Tried before the Hob. Jno. P. Hubbard. The indictment in this case charged, in a single count, that,, before the finding thereof, “ Josh Peterson, on his examination as a witness, duly sworn to testify, on the trial of one Jane Cauthen in, the Circuit Court of Butler county, under an indictment charging that Thomas Norris, a negro man, and Jane Cauthen, alias Jane Can thorn, a white woman, did intermarry, or live in adultery or fornication…
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From the Circuit Court of Butler. Tried before the Hob. Jno. P. Hubbard. The indictment in this case charged, in a single count, that,, before the finding thereof, “ Josh Peterson, on his examination as a witness, duly sworn to testify, on the trial of one Jane Cauthen in, the Circuit Court of Butler county, under an indictment charging that Thomas Norris, a negro man, and Jane Cauthen, alias Jane Can thorn, a white woman, did intermarry, or live in adultery or fornication with each other, which court had jurisdiction to administer such oath, falsely swore that he did not know any thing about…
1Opinion of the CourtStone, J.
— The indictment in the present case charges the defendant with the commission of the felony denounced by section 4112 of the Code of 1876. It strictly pursues form 41, on page 995 of the Code, designed for this identical offense, and is sufficient.
The charge is, that the defendant, in giving his testimony on the trial of Thomas Norris and Jane Cauthen, in the Circuit Court, committed the alleged perjury. The witness had been examined before the grand jury in the same case, and it was sought to be shown that the testimony thus first given was true ; that that given on the final trial was…
2Cases cited3 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Bay Shore Railroad v. HarrisSupreme Court of Alabama · 1880
3Cited by28 opinions
- Hammer v. United StatesSupreme Court of the United States · 1926
- State v. HunterSupreme Court of Missouri · 1904
- State v. WallisWashington Supreme Court · 1957
- State v. WoolleySupreme Court of Vermont · 1937
- Billingsley v. StateCourt of Criminal Appeals of Texas · 1906
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