Pressley v. State
Alabama Court of Appeals
Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Arthur Pressjey was convicted of perjury, and he appeals. The official report was the best evidence, and hence the court erred in permitting its contents to be shown by oral testimony.
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Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Arthur Pressjey was convicted of perjury, and he appeals. The official report was the best evidence, and hence the court erred in permitting its contents to be shown by oral testimony. Acts 1915, p. 859. Under the evidence in this case, the affirmative charge, as requested by the defendant, should have been given. 74 Ala. 34; 68 Ala. 551. Counsel discuss other matters of evidence, but without further citation of authority. Any evidence is admissible, if it proves or tends to prove any fact which in itself was material. 13 Ala. App.…
1Opinion of the Court
The defendant was indicted, tried, and convicted for the offense of perjury, under section 7545, of the Code 1907, and was sentenced for a period of not less than two nor more than three years in the penitentiary.
In order to sustain a prosecution for perjury, under the laws of this state, it must be shown, by the usual measure of proof, that is to say, beyond a reasonable doubt, that the matter falsely sworn to is material to the issue or question in controversy, and no conviction can be based upon irrelevant or immaterial testimony, however false such testimony may be. Code 1907, §§ 7541,…
2Cases cited5 opinions
- Peterson v. StateSupreme Court of Alabama · 1883
- Roman v. LentzSupreme Court of Alabama · 1912
- Williams v. StateSupreme Court of Alabama · 1881
- Todd v. StateAlabama Court of Appeals · 1915
- Harper v. StateAlabama Court of Appeals · 1918
3Cited by10 opinions
- State v. WoolleySupreme Court of Vermont · 1937
- Davis v. StateAlabama Court of Appeals · 1924
- Ikner v. StateCourt of Criminal Appeals of Alabama · 1992
- Levert v. StateSupreme Court of Alabama · 1932
- Boyd v. StateCourt of Criminal Appeals of Alabama · 1973
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