Legal Opinion

State v. Ackerman

Supreme Court of Missouri

Decided November 24, 1908PublishedCited by 6 opinions

Appeal from Henry Circuit Court. — Hon. C. A. Denton, Judge. (1) The indictment is sufficient. R. S. 1899, secs. 2033, 2039; State v. Faulkner, 175 Mo. 546; State v. Huckley,- 87 Mo. 414; Joyce on Indictments, p. 781. (2) It is.not .essential that the false statement tend directly to prove the issue.

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Appeal from Henry Circuit Court. — Hon. C. A. Denton, Judge. (1) The indictment is sufficient. R. S. 1899, secs. 2033, 2039; State v. Faulkner, 175 Mo. 546; State v. Huckley,- 87 Mo. 414; Joyce on Indictments, p. 781. (2) It is.not .essential that the false statement tend directly to prove the issue. If it he circumstantially material, or if a true statement would form a link in the chain of evidence necessary to establish the offense, and tend to support and give credit to a witness in respect to the main fact, it is perjury. State v. Faulkner, 175 Mo. 568; State v. Day, 100 Mo. 242;…

1Opinion of the CourtGantt, J.

On September 13, 1907, the grand jury of Henry county, Missouri, returned an indictment against the defendant charging him with having committed willful and corrupt perjury by testifying falsely in a proceeding before the grand jury of said county on the 12th of September, 1907. The de*327fendant filed a motion to quash, the indictment, which was sustained by the' court, and a motion for a new trial was overruled and appeal granted to the State. The indictment is in the following form:

“State of Missouri, County of Henry, ss.
“In the Circuit Court, September Term, 1907.
“The grand jurors for the…

2Cases cited5 opinions

  1. State v. FaulknerSupreme Court of Missouri · 1903
  2. State v. WakefieldSupreme Court of Missouri · 1881
  3. Strother v. ChristySupreme Court of Missouri · 1829
  4. State v. TerrySupreme Court of Missouri · 1860
  5. State v. WakefieldMissouri Court of Appeals · 1880

3Cited by6 opinions

  1. Carroll v. United StatesCourt of Appeals for the Second Circuit · 1927
  2. Bennett v. District Court of Tulsa Co.Court of Criminal Appeals of Oklahoma · 1945
  3. State v. JenningsSupreme Court of Missouri · 1919
  4. State v. TedderSupreme Court of Missouri · 1922
  5. Harris v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1913

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