Barnett v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case charged that the defendant, Ben.
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case charged that the defendant, Ben. Barnett, “on his examination as a witness before the grand jury of said county, at the February term, 1887, of the City Court of Montgomery, duly sworn to testify by Tennent Lomax, solicitor of said county of Montgomery, who had authority to administer such oath, in a case before said grand jury, against one Berry Johnson, for the criminal offense of obtaining the signature of said Ben. Barnett by false pretenses, falsely swore that said Berry Johnson…
1Opinion of the CourtMcCLELLAN, J.
The indictment in this case sufficiently alleges every ingredient of the crime of perjury. It states the substance of the proceeding in which the false testimony was given, the materiality of the testimony, the name of the officer by whom the oath was administered, and that he was authorized by law to administer the oath, the fact testified to on which perjury is assigned, and that the defendant’s testimony in that behalf was willfully and corruptly false. The demurrer was properly overruled. — Code, §§ 3813, 3908; Hicks v. State, 86 Ala. 30; Williams v. State, 68 Ala. 551; Peterson v. State,…
2Cases cited8 opinions
- Peterson v. StateSupreme Court of Alabama · 1883
- Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
- Williams v. StateSupreme Court of Alabama · 1881
- Hicks v. StateSupreme Court of Alabama · 1888
- Hood v. StateSupreme Court of Alabama · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hill v. StateCourt of Criminal Appeals of Alabama · 1978
- Smith v. StateSupreme Court of Alabama · 1893
- Walker v. StateSupreme Court of Alabama · 1892
- Hersh v. United StatesCourt of Appeals for the Ninth Circuit · 1934
- Reed v. StateSupreme Court of Alabama · 1946
9 more not listed; retrieve them via the Exa API.