Powell v. State
Alabama Court of Appeals
Appeal from Dale Circuit Court. Heard before Hon. Mike Sollie. Joe Powell was convicted of perjury and be appeals. Tbe court erred in permitting tbe original file in tbe civil suit to be introduced in evidence as tbe final record of tbe best proof. — Smith v. The State, 103 Ala. 69; Williams v. The State, 68 Ala. 555. So far as disclosed by tbe plea of coverture, it was filed in a different suit than tbe one named in tbe indictment, and bence, should not have been allowed. —…
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Appeal from Dale Circuit Court. Heard before Hon. Mike Sollie. Joe Powell was convicted of perjury and be appeals. Tbe court erred in permitting tbe original file in tbe civil suit to be introduced in evidence as tbe final record of tbe best proof. — Smith v. The State, 103 Ala. 69; Williams v. The State, 68 Ala. 555. So far as disclosed by tbe plea of coverture, it was filed in a different suit than tbe one named in tbe indictment, and bence, should not have been allowed. — Jackson v. The State, 61 Ala. 454; Walker v-< The State, 96 Ala. 55; McOlerkin v. The State, 105 Ala. 112. This is also…
1Opinion of the Court
PELHAM, J. —
This case is submitted on the state’s motion to dismiss the appeal, and on the merits. The record shows that the appeal was taken on April 21, 1911, during the 1910-11 term of the Supreme Court. The appeal was returnable on the first Monday of the term next after the expiration of 20 days from the date of the appeal (Code, § 2870), or on the first Monday after May 12, 1911. The appeal was not returned until April 4, 1912, after the expiration of the 1910-11 term of the court, and after the January call of the fourth division in 1912. It thus appears that the transcript was not…
2Cases cited11 opinions
- Smith v. StateSupreme Court of Alabama · 1893
- Kirby v. StateSupreme Court of Alabama · 1907
- Alabama Great Southern Ry. Co. v. SandersSupreme Court of Alabama · 1906
- Lacey v. StateSupreme Court of Alabama · 1908
- Porter v. MartinSupreme Court of Alabama · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Commonwealth v. BradleySuperior Court of Pennsylvania · 1933
- Graham v. StateAlabama Court of Appeals · 1941
- Lampley v. StateAlabama Court of Appeals · 1912
- Dorough v. StateAlabama Court of Appeals · 1941
- Rivers v. StateAlabama Court of Appeals · 1915
8 more not listed; retrieve them via the Exa API.