State v. Fannon
Supreme Court of Missouri
Appeal from Maries Circuit Court. — Hon. T. B. Robinson, Judge. (3) The court and not the jury must determine whether the fact sworn to was material in the judicial proceeding in which the perjury is alleged to have been committed. An instruction, therefore, which submitted this-question to the jury was erroneous. The court should have declared to the jury what part of the alleged false oath was material to the questions pending before the justice.
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Appeal from Maries Circuit Court. — Hon. T. B. Robinson, Judge. (3) The court and not the jury must determine whether the fact sworn to was material in the judicial proceeding in which the perjury is alleged to have been committed. An instruction, therefore, which submitted this-question to the jury was erroneous. The court should have declared to the jury what part of the alleged false oath was material to the questions pending before the justice. State v. Williams, 30 Mo. 364; State v. Higgins, 124 Mo. 640. (2) Under the numerous rulings of this court defendant -was entitled to a plain and…
1Opinion of the CourtGantt, P. J.
The defendant was indicted for perjury, in the circuit court of Maries county. He was duly arraigned, pleaded not guilty, and was convicted. He appeals to this court.
*154The indictment is sufficient under the statute of this State, and it is not necessary to set it out for the purposes of this decision. In substance it charged that defendant corruptly and falsely swore that one John E. Love had bought and received from defendant 120 loads of juggles at 25 cents per load, during the years 18.91, 1892, 1893, 1894, 1895 and 1896, whereas said Love did not buy said “juggles” at said price. The…
2Cases cited4 opinions
- Cothran v. StateMississippi Supreme Court · 1872
- O'Bryan v. AllenSupreme Court of Missouri · 1888
- State v. WilliamsSupreme Court of Missouri · 1860
- State v. HigginsSupreme Court of Missouri · 1894
3Cited by15 opinions
- State v. ConwaySupreme Court of Missouri · 1912
- Loveless v. Locke Distributing CompanySupreme Court of Missouri · 1958
- State v. PattonSupreme Court of Missouri · 1914
- State v. SwisherSupreme Court of Missouri · 1953
- Spiro v. St. Louis Transit Co.Missouri Court of Appeals · 1903
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