Padgett v. State

CARR, Presiding Judge.

The accused, a woman twenty-nine years of age, was indicted for perjury. The trial was had by the court without a jury and resulted in a conviction.

The sufficiency of the indictment was raised by demurrers and insistence is made that these should have been sustained

We will not make any decision on this question, since we are clear to the conclusion that the judgment of conviction should not be allowed to stand. Our view is based on the insufficiency of the evidence to establish the essential allegation: “willfully and corruptly false.” Green v. State, 41 Ala. 419; Capps…