Legal Opinion

Williams v. State

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 19 opinions

Appeal from the City Court of Mobile. Tried before Hon. O. J. Semhes. At the February Term, 1882, of said court, the grand jury returned an indictment against the defendant, charging, that, before the finding thereof, she, “ on her examination as a witness duly sworn on the trial of one Harmon Rainey in the City Court of Mobile, of said county, under an indictment for carrying a concealed weapon, to-wit: a pistol, which said court had authority to administer such oath,…

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Appeal from the City Court of Mobile. Tried before Hon. O. J. Semhes. At the February Term, 1882, of said court, the grand jury returned an indictment against the defendant, charging, that, before the finding thereof, she, “ on her examination as a witness duly sworn on the trial of one Harmon Rainey in the City Court of Mobile, of said county, under an indictment for carrying a concealed weapon, to-wit: a pistol, which said court had authority to administer such oath, falsely swore that she did not say on the day before the said trial of the said Harmon Rainey, to or in the presence of Clara…

1Opinion of the CourtBrickell, C. J.

Perjury committed on the trial of an indictment for felony is visited by the statute with severer punishment than a false oath or affirmation taken in the course of other judicial proceedings.—Code of 1876, §§ 4112-13. The Code prescribes forms of indictment for the offense, the forms differing only in averments designating the character of the proceeding in which the oath was taken,— whether it was on the trial of an indictment for felony, or in some other proceeding. No special averment of the mate*555riality of the false oath or evidence is necessary; nor is it necessary by averments to…

2Cases cited1 opinion

  1. Brown v. StateSupreme Court of Alabama · 1872

3Cited by19 opinions

  1. Thompson v. PeopleSupreme Court of Colorado · 1899
  2. Smith v. StateSupreme Court of Alabama · 1893
  3. Todd v. StateAlabama Court of Appeals · 1915
  4. Alston v. StateSupreme Court of Alabama · 1895
  5. Barnett v. StateSupreme Court of Alabama · 1889

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