Boynton v. State
Supreme Court of Alabama
Indictment for Perjury. ■ From the Circuit Court of Jefferson. Tried before the ITou. S. H. Sprott. The indictment in this case charged, that the defendant, Tom Boynton, “on his examination as a witness, duly sworn to testify, on the trial of Samuel R. Truss and D. II.
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Indictment for Perjury. ■ From the Circuit Court of Jefferson. Tried before the ITou. S. H. Sprott. The indictment in this case charged, that the defendant, Tom Boynton, “on his examination as a witness, duly sworn to testify, on the trial of Samuel R. Truss and D. II. Brown, charged with tbe murder of Frank Jackson, on trial for commitment before H. F. Fancher, N. J. Dison, and John Nary, who were presiding and sitting as a magistrates’ court, and which court had authority to administer such oath, falsely swore that Mr. Truss (meaning thereby one of the defendants) said, £ I was sure I got…
1Opinion of the CourtSomernille, J.
Tbe defendant is charged with the offense of perjury, alleged to have been committed in his rendi*31tion of testimony as a witness before a justice’s court on preliminary investigation.
The main ground of defense urged in the cause is, that these proceedings before the magistrate were void for want of jurisdiction.
1. It may be that, when a justice of the peace sits for the trial of a cause on its merits, whether the proceeding be civil or criminal, his court is one of limited or inferior jurisdiction, and that nothing will be intended to be within his jurisdiction, except what specially appears…
2Cases cited2 opinions
- McMurry v. StateSupreme Court of Alabama · 1844
- Spigner v. StateSupreme Court of Alabama · 1877
3Cited by9 opinions
- Thomas v. StateAlabama Court of Appeals · 1915
- Ex parte DavisSupreme Court of Alabama · 1891
- McMahan v. StateAlabama Court of Appeals · 1926
- Matthews v. StateSupreme Court of Alabama · 1892
- Horton v. ElliottSupreme Court of Alabama · 1890
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