Legal Opinion

Walker v. State

Supreme Court of Alabama

Decided November 15, 1892PublishedCited by 20 opinions

Appeal from tbe City Court of Montgomery. Tried before tbe Hon. T. M. Arrington. Tbe indictment in tbis case charged that the defendant, Eli-shaWalker, “on an application for a new trial in a civil action in tbe Circuit Court of Montgomery county, in wbicb one Jacob Griel was plaintiff and said Elisba "Walker defendant, being duly sworn by tbe clerk of said court, wbo bad authority to administer such oath, falsely swore that be (Walker) never executed tbe mortgage wbicb was…

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Appeal from tbe City Court of Montgomery. Tried before tbe Hon. T. M. Arrington. Tbe indictment in tbis case charged that the defendant, Eli-shaWalker, “on an application for a new trial in a civil action in tbe Circuit Court of Montgomery county, in wbicb one Jacob Griel was plaintiff and said Elisba "Walker defendant, being duly sworn by tbe clerk of said court, wbo bad authority to administer such oath, falsely swore that be (Walker) never executed tbe mortgage wbicb was offered in evidence on tbe trial of said civil action and wbicb purports to have been signed by him and bis wife; that…

1Opinion of the CourtWalker, J.

Tbe indictment in tbis case substantially follows tbe form prescribed by tbe Code for an indictment for perjury committed in a civil case. — Criminal Code, 1886, Eorm No. 67, p. 275; and § 3908. Tbe substance of tbe proceeding, in wbicb tbe alleged false oath was taken, is as fully averred as in tbe Code form; tbe name of tbe officer before whom tbe oath was taken, that such officer bad authority to administer tbe oath, and tbe falsity and materiality of tbe matter on wbicb tbe perjury is assigned, are clearly, and definitely alleged. Under the statute, these allegations ‘

‘ *55are sufficient. —…

2Cases cited4 opinions

  1. Barnett v. StateSupreme Court of Alabama · 1889
  2. Hicks v. StateSupreme Court of Alabama · 1888
  3. McMurry v. StateSupreme Court of Alabama · 1844
  4. Brown v. StateSupreme Court of Alabama · 1872

3Cited by20 opinions

  1. Doss v. StateSupreme Court of Alabama · 1929
  2. Powell v. StateSupreme Court of Alabama · 1932
  3. Collins v. StateCourt of Criminal Appeals of Alabama · 1979
  4. Smith v. StateSupreme Court of Alabama · 1893
  5. State v. HerreraNew Mexico Supreme Court · 1922

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