Legal Opinion

Miller v. State

Court of Criminal Appeals of Oklahoma

Decided April 19, 1913No. A-1523PublishedCited by 5 opinions

Appeal from District Court, Cherokee County; John II. Pitchford, Judge. Andrew J. Miller was convicted of perjury, and be appeals.

1Opinion of the CourtFurman, J.

First. A demurrer was filed to the indictment npon the ground that it did not set out the facts from which it appeared that the alleged false testimony upon which the charge of perjury was predicated was material. This demurrer was overruled by the trial court. The contention is that the facts must be set out in the indictment showing the materiality of the testimony alleged to be false. With this .contention we cannot agree. It would require the pleader to state all of the- evidence upon which he relied. This is never necessary. It is enough on this subject for the indictment or information…

2Cases cited14 opinions

  1. State v. PfefferleSupreme Court of Kansas · 1886
  2. Wood v. . People of the State of N.Y.New York Court of Appeals · 1874
  3. Coleman v. StateCourt of Criminal Appeals of Oklahoma · 1911
  4. People v. Von TiedemanCalifornia Supreme Court · 1898
  5. State v. WellsSupreme Court of Kansas · 1894

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Wright v. StateCourt of Criminal Appeals of Oklahoma · 1925
  2. Cornelson v. StateCourt of Criminal Appeals of Oklahoma · 1926
  3. Thomas v. StateCourt of Criminal Appeals of Oklahoma · 1927
  4. Edwards v. StateCourt of Criminal Appeals of Oklahoma · 1931
  5. Harrington v. StateCourt of Criminal Appeals of Oklahoma · 1933

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API