State v. Bevill

The opinion of the court was delivered by

Benson, J.:

The defendant was convicted of perjury in giving testimony on the trial of an action against, him for illegal fishing. He pleaded the acquittal upon the former charge in bar of the prosecution for perjury. The plea was overruled, and this is the ruling complained of. Counsel for appellant states the question presented thus:

“Can a defendant charged with illegal fishing and acquitted by a jury on his own testimony and that of' others afterward be prosecuted for perjury alleged to-have been committed by him on the first trial by which his…