Thomas v. State
Alabama Court of Appeals
Perjury. Appeal from Gadsden City Court. Heard before Hon. Joh H. Disque. Jeff Tbomas was convicted of perjury, and be appeals.
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Perjury. Appeal from Gadsden City Court. Heard before Hon. Joh H. Disque. Jeff Tbomas was convicted of perjury, and be appeals. Omitting formal charging part, the indictment is as follows: “(1) Jeff Thomas, on his examination as a witness, duly sworn to testify by the mayor of the city of Gadsden, who had authority to administer such oath, in a case against one Nat Passmore in the recorder’s court of the city of Gadsden, under a charge for violating the prohibition law, falsely swore that he did not buy some whisky from Nat Passmore, the matters so sworn to being material, and the testimony…
1Opinion of the CourtThomas, J.
The. charge was perjury, and all counts of the indictment went out on. demurrer, except counts 1, 2, and 4, which will he set out in the report of the case, and to which demurrers, were overruled.
It is insisted — a point as raised by the demurrers — ■ that said counts 1 and 2 were defective because, in alleging, as each did, that the trial in which defendant is alleged to have sworn falsely was a trial of one Pass-more “under a charge of violating the prohibition law,” each failed to show that the charge against said Pass-more constituted an offense against the laws of Alabama, and…
2Cases cited20 opinions
- McKinstry v. City of TuscaloosaSupreme Court of Alabama · 1910
- Case v. Mayor of MobileSupreme Court of Alabama · 1857
- Brazleton v. StateSupreme Court of Alabama · 1880
- Jones v. StateSupreme Court of Alabama · 1902
- Smith v. StateSupreme Court of Alabama · 1893
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
- Slater v. StateSupreme Court of Alabama · 1935
- Adkins v. StateSupreme Court of Alabama · 1973
- State v. Town of SpringvilleSupreme Court of Alabama · 1929
- Smith v. Town of EclecticAlabama Court of Appeals · 1921
8 more not listed; retrieve them via the Exa API.