McMurry v. State
Supreme Court of Alabama
WRIT of error to the Circuit Court of Bibb county. Indictment for perjury. The allegation of the indictment is, that in a certain cause depending between one Martin Peters and the said Charles G. McMurry, the latter was introduced as a witness for himself, and it became a material question, “whether the said Charles G. McMurry, on the-day of-1340, was ready to deliver on demand, to the said Martin Peters, certain plank, according to the contract between them,” and the said…
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WRIT of error to the Circuit Court of Bibb county. Indictment for perjury. The allegation of the indictment is, that in a certain cause depending between one Martin Peters and the said Charles G. McMurry, the latter was introduced as a witness for himself, and it became a material question, “whether the said Charles G. McMurry, on the-day of-1340, was ready to deliver on demand, to the said Martin Peters, certain plank, according to the contract between them,” and the said Charles G. McMurry deposed and swore that he “had the plank always ready for the said Martin Peters; meaning and…
1Opinion of the CourtGoldthwaite, J.
The averment of the indictment is, that it became a material question on the trial of this cause before the magistrate, whether the defendant on the --■ day of-, 1840, was ready to deliver on demand certain plank, to one Peters, according to the contract between them. The italicised woi-ds do not affect the meaning of this averment, because the *326contract is previously shown to have been to deliver the plank on demand, and if this term was controlled, or in any manner explained, by other parts of the contract, it should have been stated. This being the material question, it becomes necessary to…
2Cases cited1 opinion
- Thaxton v. EdwardsSupreme Court of Alabama · 1828
3Cited by8 opinions
- Walker v. StateSupreme Court of Alabama · 1892
- State v. Ah LeeOregon Supreme Court · 1890
- Boynton v. StateSupreme Court of Alabama · 1884
- Plowman v. RiddleSupreme Court of Alabama · 1845
- Russell v. McCormickSupreme Court of Alabama · 1871
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