Hicks v. State
Supreme Court of Alabama
From the Circuit Court of Elmore. Tried before the Hon. James R. Dowdell. The indictment in this case charged that the defendant, Ann Hicks, “on her examination as a witness, duly sworn to testify, before William S. Penick, who had been duly appointed commissioner by the register in chancery of Elmore county, Albert Wilson, to take the written testimony in a civil action for divorce in the Chancery Court of Elmore county, in which one William Shirley was plaintiff, and Annie…
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From the Circuit Court of Elmore. Tried before the Hon. James R. Dowdell. The indictment in this case charged that the defendant, Ann Hicks, “on her examination as a witness, duly sworn to testify, before William S. Penick, who had been duly appointed commissioner by the register in chancery of Elmore county, Albert Wilson, to take the written testimony in a civil action for divorce in the Chancery Court of Elmore county, in which one William Shirley was plaintiff, and Annie Shirley was defendant, being'duly sworn by said W. S. Penick, who had authority to administer such oath, falsely swore…
1Opinion of the CourtSomerville, J.
The indictment, which is one charg- ’ ing the defendant with perjury, substantially follows the *32form prescribed by tbe Code. — Criminal Code, 1886, Form No. 67, p. 275 ; and § 3908. Tbe substance of tbe proceedings, in wbicb tbe alleged false oatb was taken, is sufficiently averred in tbe statement tbat it was before one William Penick, wbo bad been duly appointed commissioner by tbe register in chancery, one Albert Wilson, witb authority to take tbe written testimony of tbe defendant in a civil action for divorce pending in tbe Chancery Court of Elmore county, in wbicb one William Shirley…
2Cases cited5 opinions
- Lawson v. StateSupreme Court of Alabama · 1852
- Peterson v. StateSupreme Court of Alabama · 1883
- Cross v. StateSupreme Court of Alabama · 1885
- Jacobs v. StateSupreme Court of Alabama · 1878
- Williams v. StateSupreme Court of Alabama · 1881
3Cited by10 opinions
- Addington v. StateAlabama Court of Appeals · 1916
- Smith v. StateSupreme Court of Alabama · 1893
- Thomas v. StateSupreme Court of Alabama · 1907
- Walker v. StateSupreme Court of Alabama · 1892
- Todd v. StateAlabama Court of Appeals · 1915
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