State v. Johnson
Court of Criminal Appeals of Oklahoma
Appeal from District Court,' Nowata County; T. L. Brown, Judge. J. T. Johnson was charged with perjury, and, a demurrer being sustained to the information, the State appeals.
1Per curiam
Information was filed in the district court of Nowata county, charging J. T. Johnson with per jury. A demurrer was filed, on the ground that the information did not state facts sufficient to constitute an offense against the laws of the State of Oklahoma.- This demurrer was sustained, and the defendant discharged; and the state appeals from the order sustaining the demurrer.
An examination of the information shows conclusively that it is fatally defective, and that the demurrer was properly sustained. The information is based upon an instrument upon which perjury cannot be predicated. The…
2Cited by2 opinions
- State v. VaughnCourt of Criminal Appeals of Oklahoma · 1918
- State v. RobertsonCourt of Criminal Appeals of Oklahoma · 1924