Jay v. State
Alabama Court of Appeals
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. John D. Jay was convicted of perjury and he appeals. The plea is as follows: (2) Defendant says that the indictment in this case charges him with perjury, in that the defendant testified in a certain case wherein the state of Alabama was plaintiff and the defendant in this case was the defendant in the case, in that defendant swore in that case that he had never had sexual intercourse with Minnie Sims.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. John D. Jay was convicted of perjury and he appeals. The plea is as follows: (2) Defendant says that the indictment in this case charges him with perjury, in that the defendant testified in a certain case wherein the state of Alabama was plaintiff and the defendant in this case was the defendant in the case, in that defendant swore in that case that he had never had sexual intercourse with Minnie Sims. The defendant avers that in that trial of said seduction case the question as to whether or not defendant had intercourse with…
1Opinion of the Court
EVANS, J.(1) This appeal is prosecuted from a judgment of conviction for perjury; the appellant, it is alleged, having forsworn himself in a prosecution against him for seduction. On the trial, appellant offered his wife as a witness in his behalf, but the learned trial court excluded her as an incompetent witness. The trial occurred on the 13th day of October, 1915; a short time prior thereto, to wit, on September 28, 1915, an act was approved entitled, “An act permitting husband and wife to testify for or against each other in criminal cases.” — Acts 1915, p. 942. The act in question went…
2Cases cited33 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Allen v. United StatesCourt of Appeals for the Fourth Circuit · 1912
- Gordon v. StateSupreme Court of Alabama · 1882
- Commonwealth v. EvansMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. EllisMassachusetts Supreme Judicial Court · 1893
28 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Harris v. StateSupreme Court of Georgia · 1941
- State v. ErwinUtah Supreme Court · 1941
- Sovereign Camp W. O. W. v. GunnSupreme Court of Alabama · 1932
- Slayton v. CommonwealthSupreme Court of Virginia · 1946
- State v. CoblentzCourt of Appeals of Maryland · 1935
31 more not listed; retrieve them via the Exa API.